Digital Services Act 2024

Use of powers for other purposes of Digital Services Regulation

20. The Principal Act is amended by the insertion of the following section after section 139ZK:

“139ZKA. (1) A person authorised by the Commission, under subsection (2), may direct an authorised officer to exercise powers under section 139ZK, as that section applies in accordance with subsection (3), for the purpose of assisting the Commission to perform its functions—

(a) under Article 57(2) in relation to an investigation by a Member State Digital Services Coordinator or other Member State competent authority,

(b) under Article 60(4) in relation to a joint investigation led by a Member State Digital Services Coordinator, or

(c) under Article 66(3) in relation to an investigation conducted by the European Commission.

(2) The Commission may authorise any Commissioner or member of its staff for the purposes of subsection (1).

(3) Where a direction is given under subsection (1), sections 139ZK and 139ZL apply for the purposes referred to in that subsection as they apply in relation to a Digital Services investigation.

(4) Before exercising powers under section 139ZK as applied by subsection (3), an authorised officer shall give the inquiry subject a notice in writing which—

(a) identifies the investigation or exercise of investigative powers referred to in subsection (1), and

(b) states that the powers may be exercised by an authorised officer for the purposes of the investigation.”.