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Insertion of Part 15 in Principal Act
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41. The Principal Act is amended by the insertion of the following Part after Part 14:
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“PART 15
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DIGITAL SERVICES
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CHAPTER 1
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Interpretation
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Interpretation (Part 15)
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186. (1) In this Part—
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‘certification conditions’ means the conditions specified in Article 21(3);
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‘designation conditions’ means the conditions specified in Article 40(8);
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‘out-of-court dispute settlement body’ means a person certified under section 193(3)(a);
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‘vetted researcher’ means a person designated as a vetted researcher under section 187(5)(a).
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(2) A word or expression used in this Part that is also used in the Digital Services Regulation has, unless the context otherwise requires, the same meaning in this Part as it has in that Regulation.
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(3) Unless the context otherwise requires, a reference in this Part to a numbered Article is a reference to the Article so numbered of the Digital Services Regulation.
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CHAPTER 2
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Vetted researchers, trusted flaggers and out-of-court settlement bodies
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Designation of vetted researchers
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187. (1) A person who applies to the Commission under Article 40(8) to be designated as a vetted researcher shall do so in the form and manner specified by the Commission and such application shall specify the research to which the application relates.
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(2) Where a Member State Digital Services Coordinator provides the Commission with an initial assessment conducted in accordance with Article 40(9) together with the application and supporting documents submitted to the Coordinator, any information provided by the Member State Digital Services Coordinator in accordance with this subsection shall be deemed to be an application under subsection (1) by the person who submitted the application to the Coordinator.
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(3) At any time after receiving an application under subsection (1), and before determining the application, the Commission may by notice in writing require the person applying under subsection (1) to provide additional information to the Commission and where the Commission does so, the person shall comply with that requirement within the period specified in the request.
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(4) Additional information referred to in subsection (3) may include information the Commission considers is appropriate for, or relevant to, the making of a reasoned request in accordance with Article 40(4).
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(5) Where the Commission is satisfied that a person, the subject of the application under subsection (1)—
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(a) meets the designation conditions, the Commission may designate that person as a vetted researcher for the research referred to in the application, or
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(b) does not meet the designation conditions, the Commission may refuse to designate that person as a vetted researcher for the research referred to in the application.
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(6) Where the Commission makes a decision under subsection (5), the Commission shall notify the person, the subject of the application under subsection (1), in writing of the decision.
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(7) A provider of a very large online platform (within the meaning of section 139ZG) or of a very large online search engine (within the meaning of section 139ZG) shall provide access to data to a vetted researcher where the Commission has issued a reasoned request under Article 40(4) for that vetted researcher.
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(8) The Commission shall provide a copy of the reasoned request issued under Article 40(4) to the vetted researcher concerned.
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Termination of data access
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188. (1) Where a vetted researcher has been granted data access following a reasoned request for such access under Article 40(4), the Commission shall terminate the access where the Commission has determined that the vetted researcher no longer meets the designation conditions, following an investigation—
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(a) on the Commission’s own initiative, or
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(b) based on information received by the Commission from third parties.
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(2) Where the Commission proposes to terminate data access in accordance with subsection (1), the Commission shall notify the vetted researcher in writing of the proposed termination.
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(3) A notification under subsection (2) shall include particulars of the following:
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(a) the proposal to terminate access under subsection (1) and the reason for it;
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(b) that the researcher is entitled to make representations in accordance with section 196 regarding the proposal to terminate access;
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(c) that if the researcher does not make such representations, the proposed termination under subsection (1) shall come into operation 14 days from the date of the service of the notification;
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(d) that the researcher is entitled to seek a review of the decision to terminate access in accordance with section 189.
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Review of refusal of designation or revocation of designation
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189. (1) Where—
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(a) an application for designation is refused by the Commission under section 187(5)(b), or
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(b) the data access of a vetted researcher is proposed to be terminated by the Commission under section 188,
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the applicant or the vetted researcher may, within 14 days from the date of the service of the notification under section 187(6) or 188(2), request in writing a review (in this section referred to as a ‘review request’) of such refusal or proposed termination in the form and manner specified by the Commission.
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(2) The review request shall state the grounds on which the person making the request seeks a review of the refusal or proposed termination, as the case may be.
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(3) The Commission shall, upon receipt of the review request, appoint an independent person (in this section referred to as a ‘reviewer’) to carry out a review in accordance with this section.
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(4) The reviewer shall, as soon as is practicable after being appointed, review the decision to refuse the application or the proposal to terminate the data access and may recommend to the Commission that—
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(a) the decision should be affirmed, or
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(b) the decision should be set aside and the Commission reconsider the decision.
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(5) The reviewer shall, within 14 days of making a recommendation under subsection (4), notify the person who made the review request, of the recommendation and the reasons for it.
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Award of trusted flagger status
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190. (1) An entity established in the State that applies to the Commission under Article 22(2) to be awarded status as a trusted flagger shall do so in the form and manner specified by the Commission (and an entity that so applies is in this section referred to as an ‘applicant’).
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(2) At any time after receiving an application and before determining the application, the Commission may by notice in writing require the applicant to provide additional information to the Commission and where the Commission does so, the applicant shall comply with that requirement within the period specified in the request.
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(3) Where the Commission is satisfied that an applicant—
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(a) meets the specified conditions, the Commission may award the applicant status as a trusted flagger, or
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(b) does not meet the specified conditions, the Commission may refuse to award the applicant status as a trusted flagger.
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(4) Where the Commission makes a decision under subsection (3), the Commission shall notify the applicant in writing of the decision.
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(5) In this section and in section 191, ‘specified conditions’ means the conditions specified in Article 22(2).
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Revocation of status as trusted flagger
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191. (1) Where the Commission proposes to revoke the status of a trusted flagger under Article 22(7), the Commission shall notify the trusted flagger in writing of the proposed revocation.
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(2) A notification under subsection (1) shall include particulars of the following:
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(a) the proposal to revoke the status of the trusted flagger under Article 22(7) and the reason for it;
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(b) that the trusted flagger is entitled to make representations in accordance with section 196 regarding the proposal to revoke the status of the trusted flagger;
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(c) that if the trusted flagger does not make such representations, the proposed revocation of the status of the trusted flagger under Article 22(7) shall come into operation 14 days from the date of the service of the notification;
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(d) that the trusted flagger is entitled to seek a review of the decision to revoke the status of the trusted flagger in accordance with section 192.
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Review of refusal of designation or revocation of designation
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192. (1) Where—
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(a) an application by an entity to be awarded status as a trusted flagger is refused by the Commission under section 190(3)(b), or
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(b) the status of a trusted flagger is proposed to be revoked by the Commission under section 191,
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the entity or the trusted flagger may, within 14 days from the date of the notification under section 190(4) or 191(1), request in writing a review (in this section referred to as a ‘review request’) of such refusal or proposed revocation, in the form and manner specified by the Commission.
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(2) The review request shall state the grounds on which the entity or trusted flagger making the request seeks a review of the refusal or proposed revocation, as the case may be.
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(3) The Commission shall, upon receipt of the review request, appoint an independent person (in this section referred to as a ‘reviewer’) to carry out a review in accordance with this section.
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(4) The reviewer shall, as soon as is practicable after being appointed, review the decision to refuse the award of status as a trusted flagger or to revoke the status as a trusted flagger and may recommend to the Commission that—
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(a) the decision should be affirmed, or
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(b) the decision should be set aside and that the Commission reconsider the decision.
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(5) The reviewer shall, within 14 days of making a recommendation under subsection (4), give notice to the entity or trusted flagger who made the review request, of the recommendation and the reasons for it.
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Certification of out-of-court dispute settlement bodies
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193. (1) A person who applies to the Commission under Article 21 to be certified as an out-of-court dispute settlement body shall do so in the form and manner specified by the Commission (and a person who so applies is in this section referred to as an ‘applicant’).
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(2) At any time after receiving an application and before determining the application, the Commission may by notice in writing require the applicant to provide additional information to the Commission and, where the Commission does so, the applicant shall comply with that requirement within the period specified in the notice.
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(3) Where the Commission is satisfied that an applicant—
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(a) meets the certification conditions, the Commission may certify the applicant as an out-of-court dispute settlement body, or
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(b) does not meet the certification conditions, the Commission may refuse to certify the applicant as an out-of-court dispute settlement body.
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(4) Where the Commission makes a decision under subsection (3), it shall notify the applicant in writing of the decision.
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Revocation of certification as out-of-court dispute settlement body
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194. (1) Where the Commission proposes to revoke the certification of an out of-court dispute settlement body under Article 21(7), it shall notify the out-of-court dispute settlement body concerned in writing of the proposed revocation.
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(2) A notification under subsection (1) shall include particulars of the following:
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(a) the proposal to revoke the certification under Article 21(7) and the reason for it;
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(b) that the out-of-court dispute settlement body is entitled to make representations in accordance with section 196 regarding the proposal to revoke the certification;
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(c) that if the out-of-court dispute settlement body does not make such representations, the proposed revocation of the certification under Article 21(7) shall come into operation 14 days from the date of the service of the notification;
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(d) that the out-of-court dispute settlement body is entitled to seek a review of the decision to revoke the certification in accordance with section 195.
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Review of refusal of certification or revocation of certification
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195. (1) Where—
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(a) an application for certification as an out-of-court dispute settlement body is refused by the Commission under section 193(3)(b), or
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(b) the certification of an out-of-court dispute settlement body is proposed to be revoked by the Commission under section 194,
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the body may, within 14 days from the date of the notification under section 193(4) or 194(1), request in writing a review (in this section referred to as a ‘review request’) of such refusal or proposed revocation in the manner and form specified by the Commission.
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(2) The review request shall state the grounds on which the body or out of-court dispute settlement body making the request seeks a review of the refusal or proposed revocation, as the case may be.
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(3) The Commission shall, upon receipt of the review request, appoint an independent person (in this section referred to as a ‘reviewer’) to carry out a review in accordance with this section.
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(4) The reviewer shall, as soon as is practicable after being appointed, review the decision to refuse or revoke the designation and may recommend to the Commission that—
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(a) the decision should be affirmed, or
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(b) the decision should be set aside and that the Commission reconsider the decision.
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(5) The reviewer shall, within 14 days of making a recommendation under subsection (4), give notice to the person who made the review request, of the recommendation and the reasons for it.
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Representations
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196. (1) Where—
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(a) a vetted researcher has been notified of a proposal to terminate data access under section 188,
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(b) a trusted flagger has been notified of a proposal to revoke the status of the trusted flagger under section 191, or
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(c) an out-of-court dispute settlement body has been notified of a proposal to revoke the certification of the out-of-court dispute settlement body under section 194,
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the researcher, flagger or body may make representations to the Commission about such proposal.
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(2) The Commission shall have regard to any representations made to it under subsection (1) in deciding whether to proceed with the proposed termination or revocation concerned.
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(3) Where—
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(a) a researcher, flagger or body makes representations to the Commission in accordance with subsection (1), and
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(b) the Commission decides to give effect to the proposed termination of data access, revocation of the status of trusted flagger or revocation of certification as an out-of-court dispute settlement body,
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the termination or revocation shall come into operation 14 days from the date of the notification under section 188, 191 or 194.
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Investigation of trusted flagger, vetted researcher or out-of-court dispute settlement body
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197. (1) For the purposes of an investigation in accordance with Articles 21(7), 22(7) and 40(1), the Commission may appoint a member of the staff of the Commission as an investigator to investigate—
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(a) the award of a status as a trusted flagger in accordance with Article 22(7),
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(b) the certification of an out-of-court dispute settlement body in accordance with Article 21(7), or
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(c) the designation as a vetted researcher in accordance with Article 40(10).
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(2) An investigation under this section shall be carried out by a Digital Services investigator without undue delay and where the investigation concerns the status of a trusted flagger, that status shall be suspended during the period of the investigation.
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(3) For the purposes of an investigation undertaken in accordance with this section, the Digital Services investigator may—
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(a) inspect and make copies of any books, records or other documents (including books, records or documents stored in non-legible form), or take extracts therefrom, relating to the trusted flagger, vetted researcher or out-of-court dispute settlement body,
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(b) by notice in writing, request the trusted flagger, vetted researcher or out-of-court dispute settlement body to provide additional information to him or her, and
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(c) request any person at the place of work or premises of the trusted flagger, vetted researcher or out-of-court dispute settlement body concerned, including the owner or person in charge of that place or premises, to give the Digital Services investigator such information and assistance as he or she may reasonably require for the purposes of an investigation under this section.
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(4) A person requested to provide information or assistance in accordance with subsection (3)(c) shall comply with a request of the Digital Services investigator to provide such information and assistance as he or she may reasonably require for the purposes of the investigation.
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(5) In this section, ‘Digital Services investigator’ means an investigator appointed under subsection (1).
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CHAPTER 3
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Miscellaneous
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Orders to act against illegal content
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198. (1) Where an authority in the State issues an order to act against one or more specific items of illegal content under Article 9(1), the authority shall ensure that the order meets the conditions specified in Article 9(2).
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(2) Any order issued in the State under Article 9 shall be transmitted to the Commission by the authority who issues it, and such transmission shall include any information received from an intermediary service provider of the effect given to the order under Article 9(1).
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Orders to provide information
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199. (1) Where an authority in the State issues an order to provide specific information under Article 10(1), the authority shall ensure that the order meets the conditions specified in Article 10(2).
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(2) Any order issued in the State under Article 10 shall be transmitted to the Commission by the authority who issues it, and such transmission shall include any information received from an intermediary service provider of the effect given to the order under Article 10(1).
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Fees
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200. (1) The Commission may specify a fee to accompany—
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(a) an application referred to in section 187, 190 or 193, and
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(b) a review request made under section 189, 192 or 195.
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(2) The Commission may specify different fees for different classes of application or review request.
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Complaints to Commission concerning Digital Services Regulation
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201. (1) A person (in this section referred to as ‘a complainant’) may make a complaint to the Commission, in the manner and form specified by the Commission, that there has been a failure by an intermediary service provider to comply with a provision of the Digital Services Regulation.
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(2) The Commission shall carry out an initial assessment of the complaint made under subsection (1) and, having done so, may transmit the complaint to—
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(a) the Competition and Consumer Protection Commission where the complaint concerns Article 30, 31 or 32,
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(b) the Digital Services Coordinator of establishment, where considered appropriate, accompanied by an opinion, or
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(c) the European Commission where the complaint concerns Articles 33 to 42.
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(3) The Commission shall notify the complainant where the complaint has been transmitted under subsection (2).
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(4) The Commission shall, where it does not transmit the complaint under subsection (2), carry out a further assessment of the complaint and may take any of the following actions:
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(a) serve an intermediary service provider a compliance notice under section 139ZZGA;
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(b) investigate the complaint in accordance with section 139ZI(1);
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(c) dismiss the complaint where the Commission finds—
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(i) the complaint is frivolous or vexatious or was not made in good faith, or
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(ii) the subject matter of the complaint is trivial;
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(d) take such other action in respect of the complaint as the Commission considers appropriate.
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(5) The Commission shall notify the complainant and the intermediary service provider to which the complaint relates of the complaint made under this section and of any action proposed by the Commission under subsection (4).
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(6) A notification under subsection (5) shall—
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(a) include particulars of the complaint,
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(b) state that the intermediary service provider to which the complaint relates may make representations under subsection (7), and
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(c) specify the date by which any representations shall be made under subsection (7).
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(7) An intermediary service provider the subject of a complaint made under subsection (1) and notified under subsection (6) may, within the time specified by the Commission in such notification, make representations to the Commission about such complaint.
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(8) The Commission shall have regard to any representations made to it under subsection (7) in deciding whether to proceed with any proposed action under subsection (4).
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(9) The Commission shall notify the complainant and the intermediary service provider the subject of the complaint made under subsection (1) in writing of its decision under subsection (4).
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Offences
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202.(1) A person who knowingly or recklessly provides false or misleading information to the Commission in relation to an application referred to in section 187, 190 or 193 or under section 196 or 197(3) shall be guilty of a category 2 offence.
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(2) A person, while not awarded status as a trusted flagger or whose status as a trusted flagger is revoked, who holds themselves out as a trusted flagger, shall be guilty of a category 3 offence.”.
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