Digital service
Public services provided through electronic means.
How the laws define this
At its core, a digital service involves providing access or functionality through electronic channels or internet connectivity. However, these legal instruments diverge fundamentally regarding whether the term governs public sector operations or private commercial software. On one side, Decree-Law No. 1412 — Law Approving the Digital Government (Ley de Gobierno Digital) and the Estratégia Digital Nacional (National Digital Strategy, includes Agenda Nacional de IA) limit the concept to public services delivered via electronic channels, focusing on administrative procedures, digital access mechanisms, and state modernization goals. Conversely, the Walker Montgomery Protecting Children Online Act broadens the scope significantly, defining a digital service as any website, application, program, or software with internet connectivity that collects or processes personal identifying information. Compliance professionals must therefore distinguish between public-sector obligations regarding administrative service delivery and commercial duties triggered by handling identifying data across internet-connected applications.
Synthesised from the 4 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 3 of the 4 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 | Limits digital services to websites, applications, programs, or software that collect or process personal identifying information and connect to the Internet, unlike the public-service focus of others. |
| Peru | Decree-Law No. 1412 — Law Approving the Digital Government | In Force (Amended) | Specifies public services delivered via electronic channels that must be registered, classified by type and risk, and designed for equivalence with traditional procedures and accessibility. |
| Portugal | National Digital Strategy | In Force | Encompasses public services provided via electronic channels as part of a non-binding strategy emphasizing digitalisation of procedures, access mechanisms like Chave Móvel Digital, and online delivery targets. |
What it triggers
- In Mississippi, under the Walker Montgomery Protecting Children Online Act, digital service providers must verify user ages and obtain parental consent for minors.source
- In Peru, under Decree-Law No. 1412, public entities must register, classify by type and risk, and design digital services to ensure equivalence with traditional procedures and accessibility.source
- In Portugal, the National Digital Strategy sets out targets and monitoring indicators for digitalising administrative procedures and expanding access mechanisms for public services provided via electronic channels.source
Definitions (4)
Public services delivered via electronic channels, which must be registered, classified by type and risk (informative, close, optimized, connected), and designed to ensure equivalence with traditional procedures and accessibility requirements.
A website, application, program, or software that collects or processes personal identifying information and has Internet connectivity; the scope of services subject to the Act's requirements.
A 'digital service' is defined as a website, an application, a program, or software that collects or processes personal identifying information and has Internet connectivity. This broad definition captures a wide range of online platforms and tools. [cite: 2 (from previous search)]
Public services that can be provided via electronic channels, encompassing the digitalisation of administrative procedures, expansion of digital access mechanisms (e.g., Chave Móvel Digital) and the objective to digitalise all services that can be delivered online as set out in the EDN. This operational definition drives targets, monitoring indicators and modernisation efforts in the Action Plan.
Not to be confused with
Electronic services refer more generally to digitally provided public services across channels, while these definitions specify electronic channels for public services with additional requirements in some cases.
Digital public services explicitly denote public-sector services delivered electronically, aligning closely with definitions 2 and 3 but contrasting with the commercial focus of definition 1.
Questions and answers
What obligations apply to digital services under the Mississippi Walker Montgomery Protecting Children Online Act?
Digital service providers must verify user ages and obtain parental consent for minors. The Mississippi Attorney General enforces these requirements.
How are digital services classified and managed under Peru's Decree-Law No. 1412?
They must be registered, classified by type and risk such as informative, close, optimized, or connected, and designed to match traditional procedures while meeting accessibility standards.
What does Portugal's National Digital Strategy aim to achieve with digital services?
It drives digitalisation of administrative procedures, expansion of access like Chave Móvel Digital, and full online delivery of viable public services through targets and monitoring.
Related Terms
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e‑services
Publicly available electronic services offered by state and municipal institutions....