Digital Services Act 2024
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Chapter 7 Notice to end contravention | ||
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Notice to end contravention | ||
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73. (1) Where— | ||
(a) the Commission has decided under section 62 that it is satisfied that a contravention that is an infringement by a relevant provider of Article 30, 31 or 32 has occurred, and | ||
(b) the Commission’s decision in so far as it relates to the occurrence of the contravention is confirmed under section 68 or 69 or is replaced under section 68 with a decision to the same effect, | ||
the Commission may, if it is of the view that the contravention is continuing, give notice in writing to the provider directing the provider to put an end to the contravention. | ||
(2) A notice under subsection (1) shall state— | ||
(a) the steps which the Commission requires the provider to take to put an end to the contravention, and | ||
(b) the period within which those steps must be taken. | ||
(3) A notice under subsection (1) shall be given as soon as is practicable after the date on which the decision is confirmed under section 68 or 69 or is replaced under section 68 with a decision to the same effect. | ||
(4) A person who without reasonable excuse fails to comply with a notice under subsection (1) shall be guilty of a category 1 offence. | ||
(5) Where an offence has been committed under subsection (4) by a body corporate and the offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, a person who was either a director, manager, secretary or other officer of the body corporate, or a person purporting to act in such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the offence committed by the body corporate. | ||
(6) Where the affairs of a body corporate are managed by its members, subsection (5) applies in relation to the acts or defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate. |