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Amendment of section 139ZI of Principal Act
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16. Section 139ZI of the Principal Act is amended by the insertion of the following subsections after subsection (3):
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“(4) Where the provider of a very large online platform or very large online search engine would be the inquiry subject, no direction may be given under subsection (1) in relation to a contravention that is an infringement of the Digital Services Regulation if the European Commission has initiated proceedings for the same infringement.
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(5) Where the suspected contravention is an infringement of the Digital Services Regulation by a person falling within paragraph (c) of the definition of ‘relevant intermediary service provider’ in section 139ZG, a direction may be given under subsection (1) only if—
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(a) the Commission has given the notification required by Article 56(7), and
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(b) no notification under Article 56(7) referring to the same infringement has been given by the European Commission or a Member State Digital Services Coordinator, or any that has been given has been withdrawn.
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(6) Where a direction is given under subsection (1) and the suspected contravention is an infringement of the Digital Services Regulation, the Commission shall notify—
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(a) the European Commission,
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(b) the European Board for Digital Services, and
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(c) each Member State Digital Services Coordinator.”.
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