Digital service provider
Entity that owns or operates a digital service and controls data processing.
How the laws define this
Regulators consistently identify a digital service provider as an entity or person offering or operating online or digital services that carry regulatory compliance obligations. The instruments diverge significantly on what specific activities trigger this status. Under the Walker Montgomery Protecting Children Online Act, classification depends on data control: a provider is a person owning or operating a digital service who determines both the purpose and means of collecting and processing users' personal identifying information. In contrast, the National Cybersecurity Strategy 2021–2025 defines providers by service type, citing entities offering online services such as cloud, hosting, or online marketplaces. Furthermore, while the Walker Montgomery Protecting Children Online Act uses provider status to establish who is responsible under the law, the National Cybersecurity Strategy 2021–2025 connects the status to operational oversight, subjecting entities to security measures and incident reporting aligned with national legislation and the NIS framework.
Synthesised from the 3 statutory definitions below. Each one is quoted in full, with its source.
How jurisdictions differ
What is distinctive in each definition, binding law in force first. Showing 2 of the 3 instruments that define this term; all are listed under Definitions below.
| Jurisdiction | Instrument | Status | What is distinctive |
|---|---|---|---|
| Mississippi, United States | Walker Montgomery Protecting Children Online Act | In Force | This definition specifies verification of user ages and parental consent for minors as the primary compliance obligations, focusing on child protection. |
| Slovakia | National Cybersecurity Strategy 2021–2025 | Superseded | This definition limits the term to providers of online services like cloud, hosting, or marketplaces subject to cybersecurity incident reporting and security measures. |
What it triggers
- In Mississippi, under the Walker Montgomery Protecting Children Online Act, it requires verifying user ages and obtaining parental consent for minors.source
Definitions (3)
A person who owns or operates a digital service and who determines the purpose of collecting and processing user personal identifying information and the means used for such collection and processing; the primary compliance subject under the Act.
Entities that offer online services (such as cloud, hosting, or online marketplaces) and which fall within the scope of regulatory requirements for incident reporting, security measures and oversight as aligned with the NIS framework and national legislation.
A 'digital service provider' is a person who owns or operates a digital service, and who determines both the purpose and the means used to collect and process the personal identifying information of the digital service's users. This definition establishes who is responsible under the Act. [cite: 2 (from previous search)]
Not to be confused with
Personal information processor focuses solely on determining purposes and means of personal data processing, while digital service provider also requires owning or operating a digital service.
Service provider broadly covers entities providing digital, networked or platform services, whereas digital service provider specifically involves controlling data collection and processing.
Questions and answers
What duties apply to digital service providers under the Walker Montgomery Protecting Children Online Act?
Digital service providers must verify user ages and obtain parental consent for minors. They are the primary compliance subjects under the Act. Enforcement is by the Mississippi Attorney General.
How does digital service provider differ from personal information processor?
Digital service provider requires owning or operating a digital service in addition to determining purposes and means of processing personal identifying information.
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