Digital Services Act 2024
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Chapter 3 Investigations | ||
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Commencement and terms of investigation | ||
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49. (1) If a person authorised by the Commission under subsection (2) believes there is reason to suspect that there has been a contravention, the person may direct an authorised officer to carry out an investigation of the suspected contravention. | ||
(2) The Commission may authorise any member of the Commission or any member of its staff for the purposes of subsection (1). | ||
(3) The person who directs the authorised officer to carry out an investigation under subsection (1) shall define the terms of the investigation in writing. | ||
(4) Where the provider of a very large online platform or very large online search engine would be the inquiry subject, no direction may be given under subsection (1) in relation to a contravention that is an infringement of Article 30, 31 or 32 if the European Commission has initiated proceedings for the same infringement. | ||
(5) Where the suspected contravention is an infringement of Article 30, 31 or 32 by a person falling within paragraph (c) of the definition of “relevant provider” in section 43 , a direction may be given under subsection (1) only if— | ||
(a) Coimisiún na Meán has given the notification required by Article 56(7), and | ||
(b) no notification under Article 56(7) referring to the same infringement has been given by the European Commission or a Member State Digital Services Coordinator, or any that has been given has been withdrawn. | ||
(6) Where a direction is given under subsection (1) and the suspected contravention is an infringement of Article 30, 31 or 32— | ||
(a) the Commission shall notify Coimisiún na Meán, and | ||
(b) Coimisiún na Meán shall notify— | ||
(i) the European Commission, | ||
(ii) the European Board for Digital Services, and | ||
(iii) each Member State Digital Services Coordinator. | ||
(7) Where, at any time after the commencement of an investigation pursuant to a direction under subsection (1), Coimisiún na Meán makes a communication under Article 58(5) relating to the suspected contravention which is the subject of the investigation, the Commission shall as soon as is practicable give the inquiry subject notice in writing that the communication has been made. |