DST33000 - Evidence Identifying a UK User
Groups should determine whether a user is normally located or established in the UK based on the information available to them. The information a group collects from users will vary depending on its business model. The legislation consequently does not specify acceptable sources of evidence, use presumptions or impose a prescriptive hierarchy of evidence. Instead, groups should consider the information they hold and use the most appropriate evidence, or mix of evidence, to identify user location.
Some sources of evidence which are commonly collected by providers of DST activities include:
- Delivery address
- Payment details
- IP address
- Intended destination of advertising based on contractual evidence
- The address of property or location of goods which are rented out
Some groups will collect more than one source of user information. There may be cases where the different data sources provide conflicting evidence regarding user location.
In these cases, the group should consider which evidence is most appropriate, remembering that the test is where the user is normally located, not where they are located at the time of the transaction. In making this determination, the business should consider whether a reasonably informed and objective observer would be likely to conclude that it is probable the user is a UK user.
Example A
Group ABC provides an online marketplace which allows users to order a food delivery from local delis, farm shops and urban farmers. Users choose the produce they would like to order on ABC’s app and then enter their delivery address and billing information. ABC also collects the user’s IP address when an order is placed. ABC can use the delivery address, billing information and IP address to determine the user location.
User A orders a bottle of wine on ABC’s platform. The user’s billing address and delivery address show an address in Runcorn, UK. However, the IP address is recorded in Lesotho. ABC should evaluate the evidence. In this case, the billing and delivery address is more likely to show the user’s normal or permanent location than the IP address at the time of the transaction, so User A should be considered a UK user.
Example B
Group BCD provides an online marketplace that allows users to book a massage or spa therapies at third-party establishments. User booking details are passed directly to the spa and BCD does not retain any of the payment information. The spa pays a commission fee back to BCD when the service has been provided. BCD only collects the IP address of the user.
In this case, it would be reasonable for BCD to use IP address to identify user location. It would also be reasonable to assume that in most cases the location of the user at the time of the transaction would be the same as their normal location, in the absence of evidence to the contrary.
Example C
Group CDE operates an airline which derives commission revenue from the sale of airline tickets. It sells a code-share flight operated by another airline to a user living in Swindon, UK. The user booked the tickets when he was abroad on a business trip to Milan. The airline collects billing information and the IP address. The billing information will usually give a more reliable picture of a user’s normal location than an IP address so based on this information the user will be considered a UK user.