Article 2 (3)

(a)

enabling natural or legal persons in a Member State to use the services listed in point (1); and

(b)

having a substantial connection, based on specific factual criteria, to the Member State referred to in point (a); such a substantial connection is to be considered to exist where the service provider has an establishment in a Member State, or, in the absence of such an establishment, where there is a significant number of users in one or more Member States, or where there is targeting of activities towards one or more Member States;