Digital Services Act 2024
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Decision by Commission | ||
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62. (1) The Commission shall decide, in respect of a person who is the subject of a report under section 55 — | ||
(a) whether or not it is satisfied on the balance of probabilities that the person has committed the contravention to which the investigation relates, and | ||
(b) if so, whether or not to impose an administrative financial sanction. | ||
(2) A decision under subsection (1) that a contravention has been committed, or that an administrative financial sanction shall be imposed, does not take effect unless it is confirmed on appeal under section 68 or on summary application under section 69 . | ||
(3) For the purposes of making a decision under subsection (1), the Commission shall consider— | ||
(a) the final report provided under subsection (7) of section 55 and any submissions or views provided with the report in accordance with that subsection, | ||
(b) any evidence adduced or submissions made during an oral hearing conducted under section 61 , | ||
(c) any information provided as a result of a request under section 61 (4), and | ||
(d) any submissions made pursuant to a notice under subsection (1) or (6) of section 61 . | ||
(4) In deciding under subsection (1)(b) whether or not to impose an administrative financial sanction, the Commission shall have regard to the matters referred to in paragraphs (a), (b), (c), (d), (e), (g), (h), (i), (j) and (k) of subsection (3) of section 67 . |