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Other enforcement measures
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40. Part 8B of the Principal Act is amended by the insertion of the following Chapter after Chapter 7:
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“CHAPTER 7A
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Other enforcement measures
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Compliance notice
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139ZZGA. (1) Where a person authorised by the Commission under subsection (2) is of the opinion that a relevant intermediary service provider has infringed a provision of the Digital Services Regulation to which this section applies, that person may direct an authorised officer to serve a notice (in this section referred to as a ‘compliance notice’) on the provider.
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(2) The Commission may authorise any Commissioner or member of its staff for the purposes of subsection (1).
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(3) A compliance notice shall—
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(a) state the contravention to which it relates,
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(b) state the grounds on which the person authorised under subsection (2) is of the opinion referred to in subsection (1),
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(c) for the purpose of ensuring compliance by the provider with the provision which is the subject of the contravention, require the provider to do or refrain from doing anything specified in the notice by a date specified in the notice, and
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(d) contain information regarding the bringing of an appeal under subsection (7) against the notice, including information specifying the manner in which an appeal may be brought.
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(4) An authorised officer may withdraw a compliance notice at any time.
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(5) An authorised officer may amend a compliance notice by notice in writing to the provider to substitute any later date for the date for the time being specified under subsection (3)(c) or this subsection.
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(6) A date specified under subsection (3)(c) or (5) must be later than the date by which an appeal under subsection (7) may be brought.
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(7) A provider may, not later than 14 days after the service on the provider of a compliance notice, appeal against the notice to the District Court.
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(8) An appeal under subsection (7) shall be brought in the manner specified in accordance with subsection (3)(d).
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(9) The authorised officer and the provider concerned shall be entitled to be heard and to adduce evidence at the hearing of an appeal under subsection (7).
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(10) The District Court shall, on an appeal under subsection (7) against a compliance notice, do one of the following:
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(a) affirm the notice;
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(b) cancel the notice;
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(c) cancel the notice and require the provider to comply with such directions as may be given by the court.
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(11) A provider on whom a compliance notice is served, who fails to comply with the notice by the due date, shall be guilty of an offence and liable on summary conviction to a class B fine or imprisonment for a term not exceeding 6 months or both.
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(12) The due date for the purposes of subsection (11) is:
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(a) where no appeal is brought under subsection (7), the date for the time being specified in the compliance notice in accordance with subsection (3)(c) or (5);
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(b) where an appeal against the notice is brought under subsection (7) and the court affirms the notice, the day falling immediately after the expiration of the period of 14 days from the date on which the court affirms the notice.
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(13) Nothing done under this section prevents or restricts the taking of any other action for the purpose of enforcing a provision to which this section applies.
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(14) This section applies to Articles 11, 12, 13(4), 14(1), (2), (5) and (6), 15(1), 16(1), 21(1) and (4), 24(2), 25 and 26(1)(a), (b), (c) and (d).
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Power to enter into commitment agreement with intermediary service provider
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139ZZGB. (1) The Commission may at any time enter into an agreement in writing with a relevant intermediary service provider under which the provider agrees to take measures that appear to the Commission to address any issue relating to compliance by the provider with the designated provisions of the Digital Services Regulation.
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(2) An agreement under this section is referred to in this section as a ‘commitment agreement’.
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(3) A commitment agreement may include provision under which the Commission agrees, subject to the terms of the agreement, not to take specified steps in relation to matters or findings addressed by the agreement.
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(4) A commitment agreement, unless terminated under subsection (5) or (6), is binding on the parties for the period specified in the agreement.
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(5) A commitment agreement may be amended or terminated by the parties by agreement in writing.
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(6) The Commission may terminate a commitment agreement by giving notice in writing to the provider if—
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(a) the provider does not comply with the agreement, or
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(b) it appears to the Commission that information provided by the provider and relied on by the Commission for the purposes of entering into the agreement was, in a material respect, incomplete, misleading or false.
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(7) A provider who fails to comply with a commitment agreement may be liable to an administrative financial sanction in accordance with this Part.”.
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