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Amendment of section 139ZM of Principal Act
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22. Section 139ZM of the Principal Act is amended—
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(a) by the substitution of “inquiry subject” for “provider” in each place where it occurs,
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(b) in subsection (1), by the insertion of “pursuant to a direction under section 139ZI(1)” after “an investigation”,
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(c) in subsection (2)—
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(i) in paragraph (d), by the substitution of “section 139ZK,” for “section 139ZK, and”,
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(ii) in paragraph (e), by the substitution of “section 139ZK,” for “section 139ZK.”, and
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(iii) by the insertion of the following paragraphs after paragraph (e):
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“(f) in the case of a Digital Services investigation which is a joint investigation, anything of a similar nature to the material, equipment, statements, admissions and submissions referred to in paragraphs (c) to (e), obtained by any participating Member State Digital Services Coordinator or other Member State competent authority, and
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(g) any views communicated by the European Commission under Article 59(3).”,
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(d) in subsection (6), by the substitution of “and any views to which subsection (7A) applies to the inquiry subject” for “to the provider”,
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(e) in subsection (7), by the substitution of “, any submissions made in accordance with a notice under subsection (3)(d), and any views to which subsection (7A) applies” for “and any submissions made under subsection (3)(d)”,
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(f) by the insertion of the following subsection after subsection (7):
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“(7A) This subsection applies, in the case of a report under this section, to—
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(a) any views communicated by the European Commission under Article 59(3) in relation to the matter to which the report relates, and
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(b) any views of Member State Digital Services Coordinators that Article 60(2) requires to be taken into account in relation to that matter.”,
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(g) in subsection (8), by the substitution of “any submissions made in accordance with a notice under subsection (3)(d), and any views to which subsection (7A) applies” for “and any such submissions”, and
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(h) by the substitution of the following subsection for subsection (9):
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“(9) A person who receives a final report or any submissions or views under subsection (8) shall not, without the prior authorisation of the Commission, disclose the existence or the content of the report or those submissions or views to any other person.”.
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