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digital service meaning

What does digital service mean?
In legal practice, a digital service is an online “information society service” that, for cybersecurity regulation and incident-reporting purposes, falls into one of the following categories: - online marketplace - online search engine - cloud computing service This is a legislative term from the NIS framework (originating in Directive (EU) 2016/1148) which uses the Directive (EU) 2015/1535 definition of an information society service. In the UK, the Network and Information Systems Regulations 2018 (as amended) adopt the same approach and treat in-scope providers as relevant digital service providers (RDSPs). Key legal features include duties to implement appropriate and proportionate security measures, ensure continuity of service, and notify significant incidents to the competent authority (for RDSPs in the UK, the ICO). Non-compliance can trigger investigations, audits and fines. The term is routinely used for regulatory scoping, cloud and outsourcing procurement, and cyber due diligence. Usage is consistent across England & Wales, Scotland and Northern Ireland under the UK NIS Regulations. In Ireland, the NIS regime under EU law (now aligned with NIS2) retains these three core categories and extends regulation to additional online platforms and infrastructure services.
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View the related Checklists about digital service

CHECKLISTS
No-fault divorce procedure post-DDSA 2020: online applications, service, 20/6-week timetable, conditional/final orders, joint/sole applications, costs (England and Wales)

The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) It took effect on 6 April 2022. Any divorce case issued by the court from that date falls under DDSA 2020 and the revised procedural regime in the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For more detail, refer to Practice Notes: Introduction to the Divorce, Dissolution and Separation Act 2020 and Commencing and filing an application for a divorce, dissolution or judicial separation order (post-DDSA 2020). This note sets out the position for proceedings started on or after 6 April 2022 by the court. Matters issued by the court on or before 5 April 2022 will continue in line with the pre-DDSA 2020 framework, regardless of whether they were lodged via the digital system or using paper forms. Those applications are unaffected by the commencement of DDSA 2020, or by the resulting procedural amendments. See also Practice Notes: Commencing divorce proceedings and drafting the petition (pre-DDSA 2020) and Filing the divorce petition and supporting documents (pre-DDSA 2020)....

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CHECKLISTS
UK drafting checklist for reseller-licensed business-to-business software EULAs: platform rules, click-wrap, SaaS, acceptable use, fees, data protection, Online Safety Act, consumer law, liability and boilerplate

Checklist for end-user licence agreement (EULA) This Checklist aims to flag matters that often arise when drafting a business‑to‑business software end‑user licence agreement (EULA), particularly where the software is licensed through a reseller. For more general guidance on key issues in software licensing generally, see Practice Note: Key issues in software licence agreements. For illustrative EULAs, review the following Precedents: ‘Click-wrap’ software end‑user licence agreement (EULA)—business‑to‑business ‘Click-wrap’ software end‑user licence agreement (EULA)—business to consumer Online terms and conditions for the supply of digital content and end user licence agreement—business‑to‑consumer For example software reseller agreements, see Precedents: Software reseller agreement and Software as a service (SaaS) reseller agreement. As you work through the Checklist, the third column can be used to record observations or comments for reference. Checklist Further information Notes (if any) Take instructions ☐ Consider the service’s features and functionality that may affect the drafting of the EULA Consider the...

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CHECKLISTS
UK stamp tax treatment of plain commercial bonds: issues and transfers of bearer and registered bonds, with BID, stamp duty, SDRT and key exemptions—practitioner tables

FORTHCOMING CHANGE relating to the modernisation of stamp taxes on shares framework: In 2027, stamp duty and SDRT are set to be replaced by a single, self-assessed charge on securities—the securities transfer charge (STC)—to be paid and reported via a new online portal. The STC’s core features are expected to broadly align with the proposals consulted on in 2023. Finance Bill 2026 (FB 2026) provides a power, effective from Royal Assent, to introduce secondary legislation so taxpayers can test the digital service by self-assessing their stamp taxes on securities obligations and reporting transactions electronically through that service. For more on the modernisation of stamp taxes on securities, see: News Analyses: Budget 2025—Tax analysis—Stamp and transfer taxes Tax update spring 2025—Stamp taxes on shares modernisation Tax update spring 2025—Tax analysis—Stamp and transfer taxes TAMD 2023—Stamp taxes on shares modernisation TAMD 2023—consultation—stamp taxes on shares Tax Administration and Maintenance Day—27 April 2023—Stamp and transfer taxes...

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View the related News about digital service

NEWS
UK dispute resolution weekly update: cross‑border service/enforcement, limitation on fee shortfalls, CPR 7.7, arbitration non‑intervention, data security duties, expert determination, Scottish horizon—5 March 2026

In this issue: Key DR developments Cross-border disputes Pre-action and limitation Litigation Case management Evidence and disclosure ADR Scottish Dispute Resolution Dates for your diary Useful information Daily and weekly news alerts Key DR developments Guidance and reports Courts and Tribunals Judiciary publishes February 2026 updated edition of the Equal Treatment Bench Book: The Courts and Tribunals Judiciary has issued an interim February 2026 update to the Equal Treatment Bench Book. For more information, see: Courts and Tribunals Judiciary publishes February 2026 updated edition Equal Treatment Bench Book—LNB News 26/02/2026 28. HCCH publishes 2025 annual report highlighting private international law developments The Hague Conference on Private International Law (HCCH) has released its 2025 annual report, noting the creation of two new Experts’ Groups to examine private international law topics linked to Digital Tokens and Carbon Markets. For more information, see: HCCH publishes 2025 annual report highlighting private international law...

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NEWS
UK Dispute Resolution Weekly: conspiracy, fraud and PII rulings; ADR and mediation timing; PACCAR reversal plans; HMCTS/CaTH updates; Scottish developments; privilege and AI; 2026 consultations and procedural changes

In this issue: Key DR developments Claims and remedies Costs and funding Litigation Case management Evidence and disclosure ADR Scottish Dispute Resolution New content Dates for your diary Useful information Daily and weekly news alerts Dispute Resolution Highlights 2025/2026 Key DR developments Alternative dispute resolution European Parliament adopts new rules to modernise out-of-court dispute resolution for consumers The European Parliament has approved refreshed measures to enhance consumer out-of-court complaint handling, updating the EU’s ADR framework for the digital landscape and cross-border disputes. The reforms delineate ADR’s reach to cover matters arising both before and after contractual agreements, and in specified circumstances enable involvement by traders from third countries. The directive will come into force 20 days following publication and will begin to apply 32 months thereafter. For more, see: Parliament adopts new rules to modernise out-of-court dispute resolution for consumers—LNB News 16/12/2025 Court information HMCTS update hearing...

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NEWS
Dispute Resolution Weekly: CPRC reforms, junior advocacy guidance, cryptoasset injunctions, solicitor-client costs/CFA rulings, disclosure and appeals updates, consultations and key dates (England and Wales), 17 July 2025

In this issue Key DR developments Claims and remedies Costs and funding Litigation Applications—general Evidence and disclosure Appeals New content Dates for your diary Useful information Daily and weekly news alerts Key DR developments CPR Committee minutes Minutes of the CPR Committee meeting—6 June 2025: The Civil Procedure Rule Committee met on 6 June 2025 in a hybrid session at The Rolls Building (Royal Courts of Justice) and via video conference. The minutes confirm a forthcoming CPR 51 pilot enabling non-parties to obtain court documents, arising from the Supreme Court ruling in Cape Intermediate Holdings Ltd v Dring [2019] UKSC 38. They also record approved amendments to the e‑working pilot, progressing towards a permanent electronic filing system as part of ongoing court modernisation. Further topics included summary assessment of costs, arbitration updates, disclosure, civil restraint orders, closed material procedures, judicial review reforms for infrastructure projects, whiplash reforms, digital services and other procedural...

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View the related Practice Notes about digital service

PRACTICE NOTES
Unwinding UK share sales: tax implications of sell-backs and terminating conditional share purchase agreements, including corporation tax, stamp duty/SDRT, VAT on termination payments, and forthcoming STC reforms

FORTHCOMING CHANGE relating to the modernisation of stamp taxes on shares framework: In 2027, stamp duty and SDRT are set to be superseded by a single, self‑assessed tax on securities — the securities transfer charge (STC) — to be paid and reported via a new online portal. The STC’s core features are expected to broadly reflect the proposals consulted on in 2023. Finance Act 2026 (FA 2026) confers a power for secondary legislation to let taxpayers trial the digital service, self‑assessing their stamp taxes on securities liabilities and submitting transactions electronically. For further details on the modernisation of stamp taxes on securities, see: News Analyses: Budget 2025—Tax analysis—Stamp and transfer taxes Tax update spring 2025—Stamp taxes on shares modernisation Tax update spring 2025—Tax analysis—Stamp and transfer taxes TAMD 2023—Stamp taxes on shares modernisation TAMD 2023—consultation—stamp taxes on shares Tax Administration and Maintenance Day—27 April 2023—Stamp and transfer taxes The government also consulted on modernising and clarifying...

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PRACTICE NOTES
Trustee governance of pension scheme administration: regulatory context, administration policies, appointing and monitoring administrators, service level agreements, core financial transactions, business continuity and digital transformation

Sound administration underpins the smooth operation of a pension scheme and the delivery of good member outcomes, not least because administrators are typically members’ first port of call; consequently, their effectiveness, consistency and accuracy indeed strongly influence member experience and results. In short, administration counts because it is the usual locus of pension governance, safeguarding data accuracy, regulatory compliance and correct member outcomes being delivered on a consistent basis. What is a scheme administrator? For the purposes of this Practice Note, ‘scheme administrator’ means the individual or entity that supports the scheme’s day-to-day running by planning, managing and performing its administrative tasks. This can be an external provider, a dedicated internal team within the employer and/or the employer’s human resources or finance functions and departments. This usage is different from the ‘scheme administrator’ in Part 4 of the Finance Act 2004 (FA 2004), denoting the person or persons who ensure the scheme meets FA 2004 requirements in full. In practice, that statutory capacity is...

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PRACTICE NOTES
Digital rights management in the UK: CDPA 1988 anti-circumvention, technological measures, permitted acts and enforcement

This Practice Note outlines the legal and practical considerations relevant to digital rights management (DRM), and examines how far technical tools and other safeguards can be deployed by rights holders to protect and administer their digital works lawfully and effectively in practice. It also sets out the categories of offences that may arise where technological protection measures are bypassed or where rights management information is abused in any context. What is digital rights management? DRM describes the technical mechanisms used by copyright owners of digital material to label, monitor and secure their assets. These controls are applied to block unauthorised copying, for instance by using encryption, ensuring that only approved software and permitted users can open a given digital file where appropriate. DRM also serves to identify content and to manage its distribution to consumers, eg by tracking how often a work is accessed for the purpose of calculating the royalties payable lawfully, or to support business models such as online music subscription services. For example, the video...

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View the related Precedents about digital service

PRECEDENTS
Law firm outsourcing supplier post-agreement audit template and checklist: service levels, conflicts, information security, data protection, financial viability, regulatory compliance

1 Description of outsourced services [ Describe the type of service delivered, eg digital transcription for the private client team ] 2 Outsourcing supplier [ Specify the outsourcing provider to which this entry pertains ] 3 Audit team Name Role [ List the individuals within your organisation who participate in the audit activity, eg head of dept, head of IT, senior PA, head of HR ] [ Add details of each individual’s responsibilities ] 4 Method of audit Audit methodology Select all that apply: Details of audit ☐ Physical inspection [ Provide particulars, eg inspection date(s), and whether visits were announced or unannounced etc ] ☐ Review of documents [ Note which documents were examined, eg information security policies and procedures, staff vetting policy etc ] ☐ Staff interviews [ Record the personnel consulted, eg DPO, Head of IT, X number of frontline staff etc ] ☐ Other [ Outline any additional methodology utilised...

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PRECEDENTS
Scots Law Will Precedent: Residue to Spouse, Failing Issue; Trust Provisions for Young Beneficiaries; Extensive Trustee Powers (including Digital Assets); Guardianship and Funeral Directions

STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime. The Finance Act 2025 (FA 2025), granted Royal Assent on 20 March 2025, enacts the removal of the remittance basis of taxation and brings in a residence-based system, effective from 6 April 2025. FA 2025 additionally replaces domicile as the main criterion for determining exposure to inheritance tax. Further measures revise the rules for establishing excluded property status, abolish the protected settlements status of offshore trusts, and alter overseas workday relief. For details on these reforms, see Practice Notes: The abolition of the remittance basis of taxation from 2025–26 and A new residence-based regime for IHT from 2025–26. See also: Finance Bill Tracking Service: Key dates (Finance Bill 2025) and Finance Act 2025. I, [ insert full name ], of [ insert full address ], to settle the succession to my estate upon my death, provide as follows: Revocation I hereby revoke all prior testamentary writings and instruct their destruction...

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PRECEDENTS
Client instruction to commence work during statutory 14-day cancellation period (non-digital content): acknowledgement of pro-rata fees on cancellation and loss of right to cancel on full performance

Request to start work during cancellation period To: [ insert your name, geographical address, telephone number, fax number and email address ]: I/we [] authorise [ insert firm’s name ] to begin work on: [ describe service ] within the 14–day cancellation period. I/we [] acknowledge and agree that, should I/we [] cancel within this 14–day period, I am/we are [] obliged to pay for the work completed on a pro‑rata basis. The charge will reflect the proportion of services actually delivered up to the point I/we [] notified you of the decision to cancel, relative to the overall scope of the contract. I/we [] also understand and accept that the right to cancel will be lost, and full payment will be due, once the contract has been fully performed (i.e. you finish the work), even if completion occurs during the cancellation period. Name of client(s): Address of client(s): [ Signature of client(s): ] Date: [] Delete...

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View the related Q&As about digital service

Q&As
Contracting out of or waiving CCR 2013 cooling-off period

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013) apply to agreements between a trader and a consumer made on or after 13 June 2014. Under CCR 2013, SI 2013/3134, reg 5, three forms of contract are identified: off-premises contracts — regulation 5 sets out four types of off-premises contract distance contracts on-premises contracts — defined as neither off-premises nor distance, meaning a contract concluded at business premises Contracts are further classified, in reg 5, as: sales contracts service contracts digital content contracts CCR 2013 requires the trader to provide the consumer with specified information and, in certain situations, grants a right to cancel. Where a cancellation right exists, the information supplied must include a cancellation notice in the model form, or details of how the consumer can access that form...

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