Guidelines 05/2020 on Consent under Regulation 2016/679 (GDPR)

Paragraph 7.1.1  Information society service

128. To determine the scope of the term ‘information society service” in the GDPR, reference is made in Article 4(25) GDPR to Directive 2015/1535.

129. While assessing the scope of this definition, the EDPB also refers to case law of the ECJ. The ECJ held that information society services cover contracts and other services that are concluded or transmitted on-line. Where a service has two economically independent components, one being the online component, such as the offer and the acceptance of an offer in the context of the conclusion of a contract or the information relating to products or services, including marketing activities, this component is defined as an information society service, the other component being the physical delivery or distribution of goods is not covered by the notion of an information society service. The online delivery of a service would fall within the scope of the term information society service in Article 8 GDPR.