Ms Emma Hanrahan:

For digital content and services only. In the context of non-digital services, we have provided that the Minister may make regulations if it becomes the norm for that to be a way by which traders try to engage with consumers and form what would appear to be a contractual relationship with them. Digital services - the platforms and places where you can store your information, put up your photographs and so on - are provided, as they would say for free, but the digital content directive now says that if the data is processed beyond what the legal requirements are or beyond what is necessary for you to provide the service, then you do have a valid contract with the customer.