Digital Services Act 2024
|
PART 3 Competition and Consumer Protection Commission as Competent Authority for Digital Services Regulation for Articles 30 to 32 of the Digital Services Regulation | ||
|
Chapter 1 Interpretation | ||
|
Interpretation (Part 3) | ||
|
43. (1) In this Part— | ||
“authorised officer” has the same meaning as it has in the Act of 2014, and “the authorised officer”, in relation to an investigation, means the authorised officer carrying out the investigation; | ||
“category 1 offence” means an offence the penalties for which are specified in section 80 (1); | ||
“category 2 offence” means an offence the penalties for which are specified in section 80 (2); | ||
“Commission” means the Competition and Consumer Protection Commission; | ||
“contravention” means— | ||
(a) an infringement by a relevant provider of Article 30, 31 or 32, | ||
(b) anything for which section 52 or section 61 or paragraph 15 of the Schedule provides or that a person may be liable to an administrative financial sanction in accordance with this Part, or | ||
(c) anything for which section 54 or section 79 provides that a person may be liable to an administrative financial sanction in accordance with this Part; | ||
“Digital Services investigation” means an investigation pursuant to a direction under section 49 (1) where the suspected contravention is an infringement of Article 30, 31 or 32; | ||
“Digital Services Regulation” means Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 20223 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act); | ||
“enactment” has the same meaning as it has in the Interpretation Act 2005 ; | ||
“inquiry subject” in relation to an investigation or other proceedings under this Part, means the person whose contravention or suspected contravention is the subject of the investigation or other proceedings; | ||
“intermediary service provider” means a provider of intermediary services; | ||
“Member State competent authority” means an authority that is designated by a Member State (other than the State) as a competent authority for the purposes of Article 49(1); | ||
“Member State Digital Services Coordinator” means an authority that is designated by a Member State (other than the State) as a Digital Services Coordinator for the purposes of Article 49(2); | ||
“provider” means a provider of an online platform; | ||
“relevant provider” means any of the following: | ||
(a) a provider whose main establishment is located in the State; | ||
(b) a provider to which Article 13(1) applies and whose legal representative designated under that Article resides or is established in the State; | ||
(c) a provider to which Article 13(1) applies but which has failed to designate a legal representative under that Article; | ||
“very large online platform” means an online platform designated by a decision of the European Commission under Article 33(4); | ||
“very large online search engine” means an online search engine designated by a decision of the European Commission under Article 33(4). | ||
(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. | ||
(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. | ||