---
title: "Recital 13"
url: "https://prighter.com/resources/laws/e-evidence-directive/recitals/recital-13"
type: "recital"
date: "2026-10-19T19:26:45.407Z"
---

# Recital 13

Service providers should be free to choose in which Member State they designate their designated establishment or, where applicable, appoint their legal representative, and Member States should not be able to restrict that freedom of choice, for example by imposing an obligation to designate the designated establishment or to appoint the legal representative on their territory. However, this Directive should also provide for certain restrictions with regard to that freedom of choice of service providers, in particular concerning the fact that the designated establishment should be established, or where applicable, the legal representative should reside, in a Member State where the service provider provides services or is established, as well as provide for an obligation to designate a designated establishment or to appoint a legal representative in one of the Member States participating in a legal instrument referred to in this Directive. The sole appointment of a legal representative should not be considered to constitute establishment of the service provider.

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