Digital Services Act 2024
|
Action by Commission after receiving report | ||
|
61. (1) After the authorised officer has complied with subsections (6) and (7) of section 55 the Commission shall, subject to subsection (2), give the inquiry subject— | ||
(a) a copy of this section, and | ||
(b) a notice in writing stating that the inquiry subject may make submissions in writing to the Commission on the final report and any views to which section 55 (8) applies within the period of 28 days from the date the inquiry subject receives the notice or views, or such further period as the Commission may allow. | ||
(2) The Commission need not comply with subsection (1) if it holds an oral hearing under subsection (3) at which the inquiry subject may make submissions to it on the final report and any views to which section 55 (8) applies. | ||
(3) The Commission shall at any time after the authorised officer has complied with subsections (6) and (7) of section 55 conduct an oral hearing in accordance with the Schedule if it considers it necessary to do so in order for the procedures under this Part to operate fairly. | ||
(4) The Commission may, at any time after the authorised officer has complied with subsections (6) and (7) of section 55 , do any of the following that it considers necessary to resolve an issue of fact or otherwise enable it to make a decision under section 62 : | ||
(a) request the inquiry subject to provide the Commission with further information within such period as the Commission specifies; | ||
(b) request any other person to provide the Commission with further information within such period as the Commission specifies; | ||
(c) for the purposes of a request under paragraph (b) or in an oral hearing under paragraph (d), provide a copy of the final report, or of part of the final report, with any redactions the Commission considers necessary, to the person the request is made to; | ||
(d) conduct an oral hearing in accordance with the Schedule . | ||
(5) As soon as is practicable after making a request under subsection (4)(b), the Commission shall give the inquiry subject a copy of the request. | ||
(6) As soon as is practicable after receiving any information pursuant to a request under subsection (4)(b), the Commission shall give the inquiry subject— | ||
(a) a copy of the information, and | ||
(b) a notice in writing stating that the inquiry subject may make submissions in writing to the Commission on the information within the period of 20 working days from the date the inquiry subject receives the notice, or such further period as the Commission may allow. | ||
(7) Where, after the authorised officer has complied with subsections (6) and (7) of section 55 , the European Commission under Article 59(3) communicates its views and requests the matter to be reviewed, the Commission— | ||
(a) shall give the inquiry subject notice in writing of those views and the request, and | ||
(b) may, following the review, take any action that appears to it to be necessary to ensure compliance with the Digital Services Regulation, which may include referring the matter back to the authorised officer to reopen the investigation. | ||
(8) Where an investigation is reopened in accordance with subsection (7)(b), this Part applies as if references to the final report on the investigation were references to the final report on the reopened investigation, but that does not affect anything done before the reopening of the investigation. | ||
(9) A person who receives a copy of a report, or of part of a report, under subsection (4)(c) shall not, without the prior authorisation of the Commission, disclose the existence or the content of the report to any other person. | ||
(10) A person who, without reasonable excuse— | ||
(a) fails to comply with a request for further information under subsection (4)(a) or (b), or | ||
(b) contravenes subsection (9), | ||
shall be guilty of a category 2 offence. | ||
(11) A person who, in purported compliance with a request for further information under subsection (4)(a) or (b), gives to the Commission information which the person knows to be false or misleading in any material respect shall be guilty of a category 2 offence. | ||
(12) Without prejudice to subsections (10) and (11), a person may be liable to an administrative financial sanction in accordance with this Part if, in a case where the report referred to in subsection (1)(b) relates to a Digital Services investigation, the person— | ||
(a) fails to comply with a request for further information under subsection (4)(a) or (b), | ||
(b) in purported compliance with a request for further information under subsection (4)(a) or (b), gives to the Commission information which the person knows to be false or misleading in any material respect, or | ||
(c) fails to rectify— | ||
(i) any failure on his or her part to comply with a request for further information under subsection (4)(a) or (b), or | ||
(ii) any information which he or she has given to the Commission in purported compliance with a requirement under subsection (4)(a) or (b) and which is false or misleading in a material respect. | ||
(13) A statement or admission made by a person pursuant to a request for further information under subsection (4)(a) or (b), shall not be admissible in evidence in proceedings brought against the person for an offence, other than an offence under subsection (11), and this shall be explained to the person in ordinary language by the Commission. |