Digital Services Act 2024
|
Enforcement of investigatory powers by administrative financial sanctions | ||
|
52.(1) This section applies, in relation to a Digital Services investigation, to each of the following persons: | ||
(a) the inquiry subject; | ||
(b) a relevant person; | ||
(c) a member of staff or representative, or former member of staff or representative, of the inquiry subject or a relevant person, | ||
and “relevant person” in this subsection means a person acting for purposes related to the person’s trade, business, craft or profession who may reasonably be aware of information relating to the suspected contravention to which the investigation relates. | ||
(2) Without prejudice to section 35(8) of the Act of 2014, a person to whom this section applies may, subject to subsection (3), be liable to an administrative financial sanction in accordance with this Part if in the course of a Digital Services investigation he or she— | ||
(a) obstructs or impedes an authorised officer in the exercise of his or her powers under subsection (1)(a), (b), (c) or (e) of section 36 of that Act, | ||
(b) fails to comply with a request or requirement of an authorised officer under subsection (1)(d), (f), (g) or (h) of that section, | ||
(c) in purported compliance with a request or requirement under that section, gives to an authorised officer information that is false or misleading in a material respect, or | ||
(d) fails to rectify— | ||
(i) any failure on his or her part to comply with a request or requirement of an authorised officer under subsection (1)(d), (f), (g) or (h) of that section, or | ||
(ii) any information which he or she has given to an authorised officer in purported compliance with a request or requirement under that section and which is false or misleading in a material respect. | ||
(3) Where, in the course of a Digital Services investigation, a person other than the inquiry subject does an act or makes an omission referred to in any paragraph of subsection (2), that subsection does not authorise the imposition of an administrative financial sanction on that person unless, before the act or omission occurred, the person was given in reasonable time by notice in writing by an authorised officer all relevant information relating to the exercise of the power, or to the request or requirement, referred to in that paragraph, including information about— | ||
(a) the time within which the person was required to comply with the exercise of the power or with the request or the requirement, | ||
(b) the maximum amount of the administrative financial sanction that could be imposed on the person, and | ||
(c) the effect of section 62 (2), and the sections referred to there, in relation to the imposition of an administrative financial sanction. |