1. (1) This Act may be cited as the Digital Services Act 2024.

(2) This Act shall come into operation on such day or days as the Minister, following consultation with the Minister for Tourism, Culture, Arts, Gaeltacht, Sports and Media, may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

2. In this Act—

“Act of 2014” means the Competition and Consumer Protection Act 2014;

“Minister” means the Minister for Enterprise, Trade and Employment;

“prescribed” means prescribed by regulations made by the Minister;

“Principal Act” means the Broadcasting Act 2009.

3. (1) The Minister may make regulations for the purposes of this Act, including regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed.

(2) Without prejudice to any provision of this Act, regulations under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

4. (1) A notice or other document that is required to be served on or given to a person under this Act shall be addressed to the person concerned by name, and may be so served on or given to the person in one of the following ways:

(a) by delivering it to the person;

(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address;

(d) by electronic means, in a case in which the person has given notice in writing to the person serving or giving the notice or document concerned of his or her consent to the notice or document (or notices or documents of a class to which the notice or document belongs) being served on, or given to, him or her in that manner.

(2) For the purpose of this section, a company formed and registered under the Companies Act 2014 or an existing company within the meaning of that Act is deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business.

5. Regulations 15 to 18 of the European Communities (Directive 2000/31/EC) Regulations 2003 (S.I. No. 68 of 2003) are revoked.

6. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure, National Development Plan Delivery and Reform, be paid out of moneys provided by the Oireachtas.

7. Section 2 of the Principal Act is amended, in subsection (1), by the insertion of the following definitions:

“‘Digital Services Regulation’ means Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022² on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act);

‘intermediary service provider’ means a provider of intermediary services;

‘Member State competent authority’ means an authority that is designated by a Member State (other than the State) as a competent authority for the purposes of Article 49(1) of the Digital Service Regulation;

‘Member State Digital Services Coordinator’ means an authority that is designated by a Member State (other than the State) as a Digital Services Coordinator for the purposes of Article 49(2) of the Digital Service Regulation;”.

8. Section 7 of the Principal Act is amended by the insertion of the following subsection after subsection (5):

“(6) The Commission is designated, for the purposes of Article 49(1) of the Digital Services Regulation, as—

(a) the competent authority (other than in respect of Articles 30, 31 and 32 of that Regulation), and

(b) the Digital Services Coordinator.”.

9. Section 33 of the Principal Act is amended—

(a) in subsection (1)—

(i) by the insertion of the following paragraph after paragraph (b):

“(ba) the Competition and Consumer Protection Commission;”,

and

(ii) by the insertion of the following paragraph after paragraph (d):

“(da) an intermediary service provider;”,

(b) in subsection (2)—

(i) by the insertion of the following paragraph after paragraph (b):

“(ba) in the case of subsection (1)(ba), where the Commission considers that the disclosure is necessary and proportionate—

(i) for the effective implementation of the Digital Services Regulation, or

(ii) for the purposes of transferring a complaint or part of a complaint to the Competition and Consumer Protection Commission, where a complaint, or part of a complaint made under section 201 relates to a failure to comply with the Digital Services Regulation;”,

and

(ii) by the insertion of the following paragraph after paragraph (d):

“(da) in the case of subsection (1)(da), where the Commission considers that a complaint, or part of a complaint, made under section 201 is made in relation to an intermediary service provider, and the Commission considers that the disclosure is necessary and proportionate for the purposes of considering a complaint or part of a complaint made under that section;”,

(c) by the insertion of the following subsections after subsection (3):

“(3A) Where the Commission processes or discloses special categories of personal data in accordance with this section, it shall only do so where the Commission considers that the disclosure is necessary and proportionate in accordance with the Data Protection Regulation and the Act of 2018.

(3B) The Minister may make regulations prescribing suitable and specific measures for the processing of special categories of personal data under this section.

(3C) Where personal data processed by the Commission is required for the purposes of the prevention, investigation, detection or prosecution of a criminal offence, the data—

(a) may be processed for as long as it is required for such prevention, investigation, detection or prosecution, and

(b) shall be permanently deleted after it is no longer required for such prevention, investigation, detection or prosecution.”,

and

(d) by the insertion of the following subsection after subsection (9):

“(10) In this section—

‘Act of 2018’ means the Data Protection Act 2018;

‘special categories of personal data’ has the same meaning as it has in the Act of 2018;

‘suitable and specific measures’ means measures to be taken to safeguard the fundamental rights and freedoms of data subjects in processing the personal data of those data subjects and may include measures specified in section 36(1) of the Act of 2018.”.

10. Section 36 of the Principal Act is amended, in subsection (2)—

(a) by the insertion of the following paragraph after paragraph (b):

“(ba) the disclosure is made to the Competition and Consumer Protection Commission for the purposes of the Digital Services Regulation including where, in the opinion of the person making the disclosure, the information may relate to the commission of an offence under this Act,”,

and

(b) by the insertion of the following subsection after subsection (3):

“(3A) Notwithstanding any other enactment or rule of law, if information, in the opinion of any body or person referred to in paragraphs (b) to (d) of subsection (2), may relate to the commission of an offence under this Act, then the information may be disclosed by that person or body to—

(a) a Commissioner,

(b) a member of the staff of the Commission, or

(c) an authorised officer.”.

11.The Principal Act is amended by the insertion of the following section after section 36:

“36A. (1) Notwithstanding section 36 and without prejudice to the exchange and the use of information referred to in Chapter IV of the Digital Services Regulation, a Commissioner, a member of the staff of the Commission, a person working under the supervision of the Commission or any other person involved shall not contravene Article 84 of the Regulation.

(2) A person who, without reasonable excuse, contravenes subsection (1) shall be guilty of a category 3 offence.”.

12. Section 38 of the Principal Act is amended—

(a) by the deletion of subsection (1),

(b) in subsection (2), by the substitution of “any decision” for “any other decision”, and

(c) in subsection (5)(a), by the substitution of “subsection (2)” for “subsection (1) or (2)”.

13. Section 139Z of the Principal Act is amended, in subsection (1)(c), by the substitution of “children” for “minors”.

14. (1) Section 139ZF of the Principal Act is amended by the substitution of the following subsection for subsection (1):

“(1) The Commission shall prepare, and may revise, an e-Commerce compliance strategy setting out its approach to ensuring that—

(a) no requirements that are inconsistent with the limitations placed on the liability of intermediary service providers by Articles 4 to 6 of the Digital Services Regulation, and

(b) no general obligation contrary to Article 8 of that Regulation to monitor the information intermediary service providers transmit or store, or actively to seek facts or circumstances indicating illegality,

are imposed on those providers by virtue of online safety codes, online safety guidance materials or advisory notices.”.

(2) The e-Commerce compliance strategy currently in operation on the commencement of subsection (1) shall continue to apply.

15. The Principal Act is amended by the substitution of the following section for section 139ZG:

“139ZG. (1) In this Part—

‘authorised officer’ means a person appointed to be an authorised officer under section 139ZH(1), and ‘the authorised officer’, in relation to an investigation, means the authorised officer carrying out the investigation;

‘contravention’ means—

(a) a failure to comply with section 46J, 46K, 46L, 46M(2) or (3), a media service code, a media service rule, section 46P(1) or (2), section 106(3), section 127(6), section 128B(1) or (2), any rules made under section 128C, an online safety code, section 159B(1) (or any rules made under section 159B(6)) or section 159C(1) (or any rules made under section 159C(3) or (6)),

(b) an infringement by a relevant intermediary service provider of any of the designated provisions of the Digital Services Regulation,

(c) anything for which section 139ZK(8A) or 139ZR(9A) or paragraph 14A of Schedule 4 provides that a person may be liable to an administrative financial sanction in accordance with this Part, or

(d) anything for which section 139ZLB(10) or 139ZZGB(7) provides that a person may be liable to an administrative financial sanction in accordance with this Part;

‘designated provision’ in relation to the Digital Services Regulation means any of the provisions of the Regulation other than Article 30, 31 or 32 or Section 5 of Chapter III;

‘Digital Services investigation’ means an investigation where the suspected contravention falls within paragraph (b) of the definition of ‘contravention’;

‘inquiry subject’ in relation to an investigation or other proceedings under this Part, means the person whose contravention or suspected contravention is the subject of the investigation or other proceedings;

‘place’ includes—

(a) a dwelling,

(b) a building,

(c) any other premises, and

(d) a vehicle, vessel, aircraft, or other means of transport;

‘relevant equipment’ means, in relation to an investigation, any electronic, photographic, magnetic, optical or other equipment, including a computer, which may be used for processing or holding relevant material;

‘relevant intermediary service provider’ means any of the following:

(a) an intermediary service provider whose main establishment is located in the State;

(b) an intermediary service provider to which Article 13(1) applies and whose legal representative designated under that Article resides or is established in the State;

(c) an intermediary service provider to which Article 13(1) applies, but which has failed to designate a legal representative under that Article;

‘relevant material’ means, in relation to an investigation, any document, information, or content, however communicated, recorded or stored, which may be relevant to the investigation;

‘very large online platform’ means an online platform designated by a decision of the European Commission under Article 33(4);

‘very large online search engine’ means an online search engine designated by a decision of the European Commission under Article 33(4).

(2) A word or expression used in this Part that is also used in the Digital Services Regulation has, unless the context otherwise requires, the same meaning in this Part as it has in that Regulation.

(3) Unless the context otherwise requires, a reference in this Part to a numbered Article is a reference to the Article so numbered of the Digital Services Regulation.”.

16. Section 139ZI of the Principal Act is amended by the insertion of the following subsections after subsection (3):

“(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 the Digital Services Regulation if the European Commission has initiated proceedings for the same infringement.

(5) Where the suspected contravention is an infringement of the Digital Services Regulation by a person falling within paragraph (c) of the definition of ‘relevant intermediary service provider’ in section 139ZG, a direction may be given under subsection (1) only if—

(a) the Commission 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 the Digital Services Regulation, the Commission shall notify—

(a) the European Commission,

(b) the European Board for Digital Services, and

(c) each Member State Digital Services Coordinator.”.

17. Section 139ZJ of the Principal Act is amended—

(a) by the substitution of “inquiry subject” for “provider” in each place where it occurs, and

(b) by the insertion of the following subsection after subsection (3):

“(4) In the case of an investigation pursuant to a direction under section 139ZI(1) which is a joint investigation to which Article 60 applies, the authorised officer shall also give the inquiry subject notice in writing of—

(a) the Member State Digital Services Coordinators or other Member State competent authorities participating in the investigation, and

(b) the deadline for the conclusion of the investigation.”.

18. The Principal Act is amended by the insertion of the following section after section 139ZJ:

“139ZJA. Where, at any time after the commencement of an investigation pursuant to a direction under section 139ZI(1), the Commission 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.”.

19. Section 139ZK of the Principal Act is amended—

(a) in subsection (1)—

(i) by the insertion of “pursuant to a direction under section 139ZI(1)” after “For the purposes of an investigation”,

(ii) by the substitution of “may, subject to subsection (1A), do any of the following” for “may do any of the following”,

(iii) in paragraph (a), by the insertion of “except in the case of an investigation to which paragraph (aa) applies,” before “subject to”,

(iv) by the insertion of the following paragraph after paragraph (a):

“(aa) in the case of a Digital Services investigation, or an investigation where the suspected contravention falls within paragraph (c) or (d) of the definition of ‘contravention’ in section 139ZG, subject to subsection (7), at any reasonable time, enter any place that the authorised officer has reasonable grounds for believing is used—

(i) by the inquiry subject for purposes related to the inquiry subject’s trade, business, craft or profession, or

(ii) by a relevant person for purposes related to that person’s trade, business, craft or profession;”,

(v) in paragraph (b), by the substitution of “(a) or (aa)” for “(a)”,

(vi) in paragraph (c), by the substitution of “(a), (aa) or (b)” for “(a) or (b)”, and

(vii) in paragraph (g), by the substitution of “a designated online service or an intermediary service” for “or a designated online service”,

(b) by the insertion of the following subsections after subsection (1):

“(1A) In the case of a Digital Services investigation, or an investigation where the suspected contravention falls within paragraph (c) or (d) of the definition of ‘contravention’ in section 139ZG, a requirement under paragraph (d), (e), (f), (g), (h), (j) or (n) of subsection (1) may be imposed only on 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.

(1B) In paragraph (aa) of subsection (1) and in subsection (1A), ‘relevant person’ 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.”,

(c) in subsection (2), by the substitution of “(j) of subsection (1)” for “(j)”,

(d) in subsection (3), by the substitution of “an investigation pursuant to a direction under section 139ZI(1)” for “the investigation”, and

(e) by the insertion of the following subsections after subsection (8):

“(8A) Without prejudice to subsection (8), a person may, subject to subsection (8B), 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 an authorised officer in the exercise of his or her powers under subsection (1)(aa), (b) or (c),

(b) fails or refuses to comply with a requirement of an authorised officer under subsection (1)(d), (e), (f) or (g),

(c) in purported compliance with a requirement under this section, gives to an authorised officer information which 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 requirement of an authorised officer under subsection (1)(d), (e), (f) or (g), or

(ii) any information which he or she has given to an authorised officer in purported compliance with a requirement under this section and which is false or misleading in a material respect.

(8B) 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 (8A), 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 139ZS(2), and the sections referred to there, in relation to the imposition of an administrative financial sanction.”.

20. The Principal Act is amended by the insertion of the following section after section 139ZK:

“139ZKA. (1) A person authorised by the Commission, under subsection (2), may direct an authorised officer to exercise powers under section 139ZK, as that section applies in accordance with subsection (3), for the purpose of assisting the Commission to perform its functions—

(a) under Article 57(2) in relation to an investigation by a Member State Digital Services Coordinator or other Member State competent authority,

(b) under Article 60(4) in relation to a joint investigation led by a Member State Digital Services Coordinator, or

(c) under Article 66(3) in relation to an investigation conducted by the European Commission.

(2) The Commission may authorise any Commissioner or member of its staff for the purposes of subsection (1).

(3) Where a direction is given under subsection (1), sections 139ZK and 139ZL apply for the purposes referred to in that subsection as they apply in relation to a Digital Services investigation.

(4) Before exercising powers under section 139ZK as applied by subsection (3), an authorised officer shall give the inquiry subject a notice in writing which—

(a) identifies the investigation or exercise of investigative powers referred to in subsection (1), and

(b) states that the powers may be exercised by an authorised officer for the purposes of the investigation.”.

21. The Principal Act is amended by the insertion of the following sections after section 139ZL:

“Enforcement of investigatory powers by daily payment penalty

139ZLA. (1) A penalty of a daily payment (in this section referred to as a ‘daily payment penalty’) may be imposed on a person in accordance with this section for the purpose of enforcing an obligation imposed on that person by an authorised officer in the exercise, in a Digital Services investigation, of any power conferred on the authorised officer by section 139ZK.

(2) Where it appears to an authorised officer to be necessary to impose a daily payment penalty on a person, the authorised officer may give the person a notice in writing which—

(a) specifies the obligation referred to in subsection (1) in respect of which the notice is given,

(b) gives the person all relevant information relating to the obligation,

(c) states the date by which the person must comply with the obligation,

(d) states that, if the person fails to comply with the obligation by that date, the authorised officer intends to refer the matter to the Commission for a decision whether to impose a daily payment penalty on the person, for each day during which the failure continues, beginning with the day following that date,

(e) states why it appears to the authorised officer to be necessary to impose the penalty,

(f) states the maximum daily amount of the penalty that the Commission may impose, and

(g) invites the person to make written submissions to the Commission regarding the matters to which the notice relates within the period specified in the notice or such further period as the Commission may allow.

(3) The date specified under subsection (2)(c) may not be earlier than the date on which the notice under subsection (2) is given.

(4) The amount of a penalty imposed under this section on a person for each day, during which the failure referred to in subsection (2)(d) continues, shall not exceed 5 per cent of the person’s average daily income or turnover in the preceding financial year.

(5) Where it appears to an authorised officer that the person to whom a notice under subsection (2) has been given has failed to comply with the obligation specified in the notice by the date specified under subsection (2)(c), the authorised officer may refer the matter to the Commission.

(6) Where a matter is referred to the Commission under subsection (5) and it appears to the Commission, after considering any written submissions made by the person to whom the notice under subsection (2) was given within the period specified in accordance with subsection (2)(g), that it is necessary to impose a daily payment penalty on the person for the purpose of enforcing the obligation specified in the notice, the Commission may—

(a) determine the daily amount of the penalty to be imposed, and the date on which it is to commence, and

(b) by notice in writing to the person, impose the penalty.

(7) The functions of the Commission under this section (except this subsection) shall be exercised by a division of the Commission consisting of such uneven number of Commissioners, not being less than 3, as the Commission may determine.

(8) If the person who gave the direction under section 139ZI for the investigation referred to in subsection (1) to be carried out is a Commissioner, the division exercising functions under this section shall not include that Commissioner.

(9) A decision of the Commission to impose a daily payment penalty does not take effect unless it is confirmed on appeal under section 139ZX or on summary application under section 139ZY, as those sections apply in accordance with section 139ZZAA.

Power to require intermediary service provider to take interim measures

139ZLB. (1) Where in the course of a Digital Services investigation it appears to the Commission from information provided by an authorised officer—

(a) that there is prima facie evidence—

(i) that the inquiry subject has committed a contravention which is an infringement of the Digital Services Regulation, and

(ii) that the contravention is continuing,

(b) that the suspected contravention gives rise to a risk of serious harm occurring before a decision in relation to the suspected contravention could be made under section 139ZS, and

(c) that measures could be taken by the inquiry subject that would avoid or reduce that risk,

the Commission may, by notice in writing to the inquiry subject, require the inquiry subject to take those measures by a date stated in the notice.

(2) A notice under subsection (1) shall—

(a) state the suspected contravention,

(b) state the grounds on which it appears to the Commission that there is prima facie evidence that the suspected contravention has occurred and is continuing, and

(c) state the grounds on which it appears to the Commission that the suspected contravention gives rise to a risk of serious harm occurring before a decision in relation to the suspected contravention could be made under section 139ZS.

(3) A notice under subsection (1) ceases to have effect on the earliest of the following to occur:

(a) the taking of a decision under section 139ZS in relation to the suspected contravention;

(b) the discontinuance of the investigation referred to in subsection (1);

(c) the revocation of the notice by the Commission.

(4) The functions of the Commission under this section (except this subsection) shall be exercised by a division of the Commission consisting of such uneven number of Commissioners, not being less than 3, as the Commission may determine.

(5) If the person who gave the direction under section 139ZI for the investigation referred to in subsection (1) to be carried out is a Commissioner, the division exercising functions under this section shall not include that Commissioner.

(6) A person who, without reasonable excuse, fails to comply with a notice under subsection (1) shall be guilty of a category 1 offence.

(7) Where an offence has been committed under subsection (6) 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.

(8) Where the affairs of a body corporate are managed by its members, subsection (7) 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.

(9) Any proceedings, including summary proceedings, under subsection (7) shall not be instituted except by or with the consent of the Director of Public Prosecutions.

(10) Without prejudice to subsection (6), a person who fails to comply with a notice under subsection (1) may be liable to an administrative financial sanction in accordance with this Part.”.

22. Section 139ZM of the Principal Act is amended—

(a) by the substitution of “inquiry subject” for “provider” in each place where it occurs,

(b) in subsection (1), by the insertion of “pursuant to a direction under section 139ZI(1)” after “an investigation”,

(c) in subsection (2)—

(i) in paragraph (d), by the substitution of “section 139ZK,” for “section 139ZK, and”,

(ii) in paragraph (e), by the substitution of “section 139ZK,” for “section 139ZK.”, and

(iii) by the insertion of the following paragraphs after paragraph (e):

“(f) in the case of a Digital Services investigation which is a joint investigation, anything of a similar nature to the material, equipment, statements, admissions and submissions referred to in paragraphs (c) to (e), obtained by any participating Member State Digital Services Coordinator or other Member State competent authority, and

(g) any views communicated by the European Commission under Article 59(3).”,

(d) in subsection (6), by the substitution of “and any views to which subsection (7A) applies to the inquiry subject” for “to the provider”,

(e) in subsection (7), by the substitution of “, any submissions made in accordance with a notice under subsection (3)(d), and any views to which subsection (7A) applies” for “and any submissions made under subsection (3)(d)”,

(f) by the insertion of the following subsection after subsection (7):

“(7A) This subsection applies, in the case of a report under this section, to—

(a) any views communicated by the European Commission under Article 59(3) in relation to the matter to which the report relates, and

(b) any views of Member State Digital Services Coordinators that Article 60(2) requires to be taken into account in relation to that matter.”,

(g) in subsection (8), by the substitution of “any submissions made in accordance with a notice under subsection (3)(d), and any views to which subsection (7A) applies” for “and any such submissions”, and

(h) by the substitution of the following subsection for subsection (9):

“(9) A person who receives a final report or any submissions or views under subsection (8) shall not, without the prior authorisation of the Commission, disclose the existence or the content of the report or those submissions or views to any other person.”.

23. The Principal Act is amended by the insertion of the following section after section 139ZM:

“139ZMA. In the case of an investigation pursuant to a direction under section 139ZI(1) which is a joint investigation to which Article 60 applies, the authorised officer shall, not later than the time when he or she provides a final report in compliance with section 139ZM(6), inform the inquiry subject of the effect of section 139ZSA.”.

24. Section 139ZN of the Principal Act is amended—

(a) by the substitution of the following subsection for subsection (1):

“(1) Subject to the provisions of this Part and Schedule 4, the Commission may make rules providing for the conduct of investigations under this Chapter, the exercise of powers under section 139ZK as applied by section 139ZKA, and the conduct of its proceedings under Chapters 3 and 4.”,

and

(b) by the substitution of the following subsection for subsection (2):

“(2) In making rules under subsection (1), the Commission shall have regard to the need for fairness and efficiency in the conduct of such investigations and proceedings and the exercise of such powers, in particular the need to address conflicts of interest which may arise in investigations or proceedings or the exercise of powers.”.

25. Section 139ZP of the Principal Act is amended—

(a) in subsection (1), by the substitution of “conduct of an investigation, or the exercise of powers under section 139ZK as applied by section 139ZKA,” for “conduct of an investigation”, and

(b) in subsection (2), by the substitution of “inquiry subject” for “provider”.

26. Section 139ZR of the Principal Act is amended—

(a) by the substitution of “inquiry subject” for “provider” in each place where it occurs,

(b) in subsection (1), by the substitution of the following paragraph for paragraph (b):

“(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 139ZM(7A) 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.”,

(c) in subsection (2), by the substitution of “the final report and any views to which section 139ZM(7A) applies” for “the final report”,

(d) in subsection (4)—

(i) in paragraph (c), by the insertion of “or in an oral hearing under paragraph (d)” after “paragraph (b)”, and

(ii) in paragraph (d), by the insertion of “in accordance with Schedule 4” after “hearing”,

(e) by the insertion of the following subsections after subsection (6):

“(6A) Where, after the authorised officer has complied with subsections (6) and (7) of section 139ZM, 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.

(6B) Where an investigation is reopened in accordance with subsection (6A)(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.”,

and

(f) by the insertion of the following subsection after subsection (9):

“(9A) Without prejudice to subsections (8) and (9), 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.”.

27. Section 139ZS of the Principal Act is amended—

(a) by the substitution of “person” for “provider” in each place where it occurs, and

(b) in subsection (3), by the substitution of the following paragraph for paragraph (a):

“(a) the final report provided under subsection (7) of section 139ZM and any submissions or views provided with the report in accordance with that subsection,”.

28. The Principal Act is amended by the insertion of the following section after section 139ZS:

“139ZSA. (1) A decision under section 139ZS, where the report referred to in subsection (1) of that section relates to a joint investigation to which Article 60 applies, constitutes the preliminary position referred to in that Article, and (subject to subsections (5) to (7)) sections 139ZT, 139ZU and 139ZV do not apply in relation to the decision.

(2) As soon as is practicable after making a decision to which subsection (1) applies, the Commission shall give notice in writing of the decision to the inquiry subject.

(3) A notice under subsection (2) shall—

(a) set out the decision and the reasons for it, and

(b) state the effect of subsections (1) and (5) to (7).

(4) Where the Commission makes a communication under Article 60(2) in relation to a decision to which subsection (1) applies, the Commission shall as soon as is practicable give the inquiry subject notice in writing that the communication has been made.

(5) If in relation to a decision to which subsection (1) applies—

(a) no referral is made under Article 60(3), or

(b) following a referral, the European Commission does not make a request under Article 59(3) for the matter to be reviewed,

the Commission shall adopt the decision as its final decision.

(6) If, in relation to a decision to which subsection (1) applies, the European Commission makes a request under Article 59(3) for the matter to be reviewed, the Commission may, following the review and subject to Article 59(3), do any of the following:

(a) adopt the decision as its final decision;

(b) request a person authorised under section 139ZI(2) to give a direction under subsection (1) of that section for a new investigation;

(c) take any other action that appears to the Commission to be necessary to ensure compliance with the Digital Services Regulation.

(7) Where the Commission adopts a decision to which subsection (1) applies as its final decision, sections 139ZT, 139ZU and 139ZV shall apply in relation to the decision.”.

29. Section 139ZT of the Principal Act is amended—

(a) by the substitution of the following subsection for subsection (1):

“(1) The Commission shall, as soon as is practicable after making a decision under section 139ZS, give notice in writing of the decision to the inquiry subject.”,

(b) by the substitution, other than in subsection (6), of “inquiry subject” for “provider” in each place where it occurs,

(c) by the insertion of the following subsections after subsection (5):

“(5A) Subsection (5) does not apply to a decision where the suspected contravention falls within paragraph (c) of the definition of ‘contravention’ in section 139ZG.

(5B) Where the decision referred to in subsection (1) relates to a contravention falling within paragraph (b) or (d) of the definition of ‘contravention’ in section 139ZG, the Commission shall provide a copy of the notice referred to in that subsection to—

(a) the European Commission,

(b) the European Board for Digital Services, and

(c) each Member State Digital Services Coordinator.”,

and

(d) in subsection (6), by the substitution of “any other person” for “a person other than the provider”.

30. Section 139ZU of the Principal Act is amended—

(a) by the substitution, other than in subsection (3), of “person” for “provider” in each place where it occurs,

(b) by the substitution of the following subsection for subsection (3):

“(3) Where a person makes submissions to the Commission under subsection (2)(b), the Commission may by notice in writing request the person to provide, within a specified period, such further information as the Commission considers appropriate for the purposes of determining the amount of the sanction.”,

and

(c) by the substitution of the following subsection for subsection (4):

“(4) A person who—

(a) without reasonable excuse fails to comply with a request under subsection (3), or

(b) in purported compliance with a request under subsection (3), 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.”.

31. Section 139ZV of the Principal Act is amended, in subsection (3), by the substitution of “inquiry subject” for “provider”.

32. Section 139ZW of the Principal Act is amended—

(a) by the substitution of the following subsection for subsection (1):

“(1) In the case of a contravention falling within paragraph (a) of the definition of ‘contravention’ in section 139ZG—

(a) where the inquiry subject is an individual, the amount of an administrative financial sanction imposed under section 139ZS shall not exceed €20,000,000, but shall not be such as would be likely to cause the inquiry subject to be adjudicated bankrupt, and

(b) where the inquiry subject is not an individual, the amount of an administrative financial sanction imposed under section 139ZS shall not exceed—

(i) €20,000,000, or

(ii) if greater, 10 per cent of the relevant turnover of the inquiry subject in the financial year preceding the date of the decision under section 139ZS to impose the sanction,

but shall not be such as would be likely to cause the inquiry subject to cease trading.”,

(b) by the insertion of the following subsections after subsection (1):

“(1A) In the case of a contravention falling within paragraph (b) or (d) of the definition of ‘contravention’ in section 139ZG, the amount of an administrative financial sanction imposed under section 139ZS shall not exceed 6 per cent of the turnover of the inquiry subject in the financial year preceding the date of the decision under section 139ZS to impose the sanction.

(1B) In the case of a contravention falling within paragraph (c) of the definition of ‘contravention’ in section 139ZG, the amount of an administrative financial sanction imposed under section 139ZS shall not exceed one per cent of the income or turnover of the inquiry subject in the financial year preceding the date of the decision under section 139ZS to impose the sanction.”,

(c) in subsection (2)—

(i) by the substitution of “subsection (1)(b)(ii)” for “subsection (1)(b)”, and

(ii) by the deletion of “of the provider”,

(d) in subsection (3)—

(i) by the substitution, other than in paragraphs (e) and (k), of “inquiry subject” for “provider” in each place where it occurs,

(ii) in paragraph (e), by the substitution of “by the inquiry subject, or by any other person in which the inquiry subject” for “by the provider or by any person in which that provider”,

(iii) in paragraph (k)—

(I) by the substitution of “in the case of a body corporate, the extent to which” for “the extent to which”, and

(II) by the substitution of “body” for “provider”,

(iv) in paragraph (l), by the substitution of “income or turnover” for “turnover”, and

(v) by the insertion of the following paragraph after paragraph (l):

“(la) any views communicated by the European Commission under Article 59(3) that are relevant to the amount of the sanction;”,

(e) in subsection (4), by the substitution of the following paragraph for paragraph (b):

“(b) be set with a view to deterring the inquiry subject, and, where the inquiry subject is a provider of broadcasting services, audiovisual on-demand media services, designated online services or intermediary services, other such providers, from committing a contravention.”,

and

(f) by the deletion of subsection (5).

33. Section 139ZX of the Principal Act is amended—

(a) by the deletion of subsection (2),

(b) by the substitution, other than in subsection (3), of “inquiry subject” for “provider” in each place where it occurs, and

(c) in subsection (3)—

(i) by the substitution of “the application of the inquiry subject” for “the application of a provider to whom a decision under section 139ZS relates”, and

(ii) in paragraph (b), by the substitution of “the control of the inquiry subject” for “the control of the provider”.

34. Section 139ZY of the Principal Act is amended—

(a) in subsection (1), by the substitution of “inquiry subject” for “provider” in each place where it occurs, and

(b) in subsection (4), by the substitution of “The inquiry subject” for “A provider”.

35. Part 8B of the Principal Act is amended by the insertion of the following Chapter after Chapter 4:

“CHAPTER 4A

Daily payment penalty under section 139ZLA: appeal and confirmation

Daily payment penalty under section 139ZLA: appeal and confirmation

139ZZAA. (1) A person to whom a notice under section 139ZLA(6) is given may, within 28 days from the date on which the notice is received, appeal to the High Court against the decision to impose the daily payment penalty.

(2) Subsections (3) to (7) and (9) of section 139ZX apply for the purposes of an appeal under this section as they apply for the purposes of an appeal by the inquiry subject under that section subject to the following and any other necessary modifications:

(a) references to an administrative financial sanction are references to a daily payment penalty under section 139ZLA;

(b) references to the appropriate court are references to the High Court.

(3) Where the person to whom a notice under section 139ZLA(6) is given does not appeal in accordance with subsection (1) against the decision to impose a daily payment penalty, the Commission shall, as soon as is practicable after the expiration of the period referred to in subsection (1), and on notice to that person, make an application in a summary manner to the Circuit Court for confirmation of the decision.

(4) Section 139ZY(2) to (8) apply for the purposes of an application under subsection (3) subject to the following and any other necessary modifications:

(a) the reference to an administrative financial sanction is a reference to a daily payment penalty under section 139ZLA;

(b) references to an appeal under section 139ZX(1) are references to an appeal under subsection (1) of this section;

(c) references to section 139ZY(1) are references to subsection (3) of this section.”.

36. Section 139ZZB of the Principal Act is amended—

(a) in subsection (1), by the substitution of “the inquiry subject directing the inquiry subject” for “provider the subject of the decision directing him or her”,

(b) in subsection (2), by the substitution of “inquiry subject” for “provider”,

(c) in subsection (4), by the substitution of “person” for “provider”, and

(d) in subsection (5), by the substitution of “by a body corporate” for “by a provider of a designated online service that is a body corporate”.

37. The Principal Act is amended by the insertion of the following sections after section 139ZZB:

“Daily payment for failure to comply with notice to end contravention

139ZZBA. (1) Where the Commission gives a notice under section 139ZZB to an intermediary service provider in respect of a contravention that is an infringement of the Digital Services Regulation, the Commission may, for the purpose of enforcing the notice, impose a penalty of a daily payment (in this section referred to as a ‘daily payment penalty’) on the provider.

(2) Before the Commission makes a decision to impose a daily payment penalty on a provider, the Commission shall give the provider a notice in writing which—

(a) states that if the provider fails to take the steps stated under section 139ZZB(2)(a) by a date specified in the notice under this subsection, the Commission intends to impose a daily payment penalty on the provider for each day during which the failure continues, beginning with the day following that date,

(b) states why it appears to the Commission to be necessary to impose the penalty,

(c) states the maximum daily amount of the penalty that the Commission may impose, and

(d) invites the provider to make written submissions to the Commission, regarding the matters to which the notice relates within the period specified in the notice or such further period as the Commission may allow.

(3) The date specified under subsection (2)(a)—

(a) may not be earlier than the end of the period specified under section 139ZZB(2)(b), and

(b) may not be earlier than the date on which the notice under subsection (2) is given.

(4) The amount of a penalty imposed under this section shall not exceed, for each day during which the failure referred to in subsection (2)(a) continues, 5 per cent of the provider’s average daily turnover in the preceding financial year.

(5) Where the intermediary service provider fails to take the steps stated under section 139ZZB(2)(a) by the date specified in the notice under subsection (2), the Commission, after considering any written submissions made by the provider within the period referred to in subsection (2)(d), may—

(a) determine the daily amount of the penalty to be imposed, and the date on which it is to commence, and

(b) by notice in writing to the provider, impose the penalty.

(6) A decision of the Commission to impose a daily payment penalty under this section does not take effect unless it is confirmed on appeal under section 139ZX or on summary application under section 139ZY, as those sections apply in accordance with section 139ZZBB.

Daily payment penalty under section 139ZZBA: appeal and confirmation

139ZZBB. (1) The provider to whom a notice under section 139ZZBA(5) is given may, within 28 days from the date on which the notice is received, appeal to the High Court against the decision to impose the daily payment penalty.

(2) Subsections (3) to (7) and (9) of section 139ZX apply for the purposes of an appeal by a provider under this section, as they apply for the purposes of an appeal by the inquiry subject under subsection (1) of that section, subject to the following and any other necessary modifications:

(a) references to an administrative financial sanction are references to a daily payment penalty under section 139ZZBA;

(b) references to the appropriate court are references to the High Court.

(3) Where the provider to whom a notice under section 139ZZBA(5) is given does not appeal in accordance with subsection (1) against the decision to impose a daily payment penalty, the Commission shall, as soon as is practicable after the expiration of the period referred to in subsection (1), and on notice to the provider, make an application in a summary manner to the Circuit Court for confirmation of the decision.

(4) Section 139ZY(2) to (8) apply for the purposes of an application under subsection (3) subject to the following and any other necessary modifications:

(a) references to an appeal under section 139ZX(1) are references to an appeal under subsection (1) of this section;

(b) references to section 139ZY(1) were references to subsection (3) of this section.”.

38. Part 8B of the Principal Act is amended by the insertion of the following Chapter after Chapter 6:

“CHAPTER 6A

Access blocking order where Digital Services Regulation infringed

Further notice to end infringement of Digital Services Regulation

139ZZCA. (1) Where the Commission has given a notice under section 139ZZB to an intermediary service provider in respect of a contravention that is an infringement of the Digital Services Regulation, and it appears to the Commission that—

(a) the provider has failed to comply with the notice within the period specified under section 139ZZB(2),

(b) the contravention is continuing,

(c) the other powers of the Commission pursuant to Article 51 to put an end to the contravention have been exhausted, and

(d) the contravention is causing serious harm that cannot be avoided through the exercise of other powers,

the Commission may, by notice in writing to the provider, request the management body of the provider to consider the steps required by the notice under section 139ZZB and to propose what steps the provider should now be required to take to put an end to the contravention, and within what period.

(2) A notice under subsection (1) shall state the time within which the management body must comply with the request.

(3) Where the management body of a provider makes a proposal in accordance with a notice under subsection (1), the Commission may give a further notice in writing to the provider directing the provider to put an end to the contravention referred to in subsection (1) and stating—

(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.

(4) Section 139ZZB(4) to (7), and sections 139ZZBA and 139ZZBB, apply in relation to a notice under subsection (3) as they apply in relation to a notice under section 139ZZB.

(5) The giving of a notice under subsection (3) does not affect the application of section 139ZZB(4) to (7), 139ZZBA or 139ZZBB in relation to the earlier notice under section 139ZZB.

Access blocking order in case of infringement of Digital Services Regulation

139ZZCB. (1) Where—

(a) the management body of an intermediary service provider fails to make a proposal in accordance with a notice under section 139ZZCA(1),

(b) the Commission gives an intermediary service provider a notice under subsection (3) of section 139ZZCA, and the period referred to in paragraph (b) of that subsection expires without the Commission being satisfied that the contravention has ended, or

(c) the European Commission makes a request to the Commission pursuant to Article 82(1) in respect of the provider of a very large online platform or very large online search engine,

the Commission may apply to the High Court for an order requiring a relevant intermediary service provider (referred to in this section as the provider of the ‘carrying service’) to block access in the State to an intermediary service (referred to in this section as the ‘subject service’) provided by the provider referred to in paragraph (a), (b) or (c).

(2) An application under subsection (1) shall be made on notice to—

(a) the provider of the carrying service,

(b) the provider of the subject service, and

(c) any other person appearing to the Commission to have a legitimate interest.

(3) Where paragraph (a) of subsection (1) applies, the Commission shall, before making an application under that subsection, give notice in writing to the persons referred to in subsection (2)—

(a) stating that it intends to make an application under subsection (1),

(b) setting out the order it intends to apply for and the addressees of that order, and

(c) stating that the persons to whom the notice is given may submit written observations to the Commission within a period specified in the notice of not less than 10 working days beginning with the day on which the notice is received.

(4) Where the Commission gives notice under subsection (3), no application under subsection (1) may be made before the end of the period specified under subsection (3)(c).

(5) On an application under subsection (1) the court may make an order requiring the blocking of access to the subject service if it is satisfied in relation to the relevant infringement—

(a) that the infringement is continuing,

(b) that the infringement entails a criminal offence involving a threat to the life or safety of persons,

(c) where subsection (1)(a) or (b) applies, that all reasonable steps for the Commission to take to put an end to the infringement have been taken, and

(d) that, having regard to the nature, gravity, recurrence and duration of the infringement, an order under this section is proportionate and will not unduly restrict access to lawful information by users of the subject service.

(6) The High Court may provide in an order under this section that a requirement imposed by the order is subject to such conditions as it considers necessary.

(7) Subject to subsection (8), an order under this section shall have effect for a period of not more than 28 days.

(8) The High Court may provide that the Commission may with leave of the court extend the period for which an order under this section has effect for further periods of not more than 28 days, subject to the maximum number of extensions specified by the court.

(9) The Commission may make an application, in accordance with subsection (8), for leave to extend the period for which an order under this section has effect only if, having regard to the rights and interests of all those affected by the order, it considers that—

(a) the provider has failed to take the necessary measures to put an end to the relevant infringement, and

(b) the extension will not unduly restrict access to lawful information by users of the subject service, having regard to the number of recipients affected and whether any adequate and readily accessible alternative exists.

(10) Where in relation to an order under this section—

(a) no application, or no further application, may be made in accordance with subsection (8) for leave to extend the period for which the order has effect, but

(b) having regard to the rights and interests of all those affected by the order, the Commission considers that the conditions referred to in subsection (9)(a) and (b) are satisfied,

the Commission may make a further application under subsection (1).

(11) The provider of the carrying service or the subject service may apply to the High Court to vary or discharge an order under this section in the event that there is any material change in the circumstances which gave rise to the order.

(12) In this section, references to the provider of the carrying service blocking access to the subject service, where the carrying service is an application store service, include references to the provider of the carrying service blocking the downloading of software used to provide the subject service or to access the subject service.

(13) In this section—

‘application store service’ means a service the main purpose of which is to facilitate the download of, or access to, application software at endpoints of the internet;

‘relevant infringement’ means—

(a) where subsection (1)(a) or (b) applies, the contravention referred to in section 139ZZCA(1), and

(b) where subsection (1)(c) applies, the infringement to which the request by the European Commission relates.”.

39. Section 139ZZD of the Principal Act is amended, in subsection (5), by the substitution of “Article 8 of the Digital Services Regulation” for “Article 15 of the E-Commerce Directive”.

40. Part 8B of the Principal Act is amended by the insertion of the following Chapter after Chapter 7:

“CHAPTER 7A

Other enforcement measures

Compliance notice

139ZZGA. (1) Where a person authorised by the Commission under subsection (2) is of the opinion that a relevant intermediary service provider has infringed a provision of the Digital Services Regulation to which this section applies, that person may direct an authorised officer to serve a notice (in this section referred to as a ‘compliance notice’) on the provider.

(2) The Commission may authorise any Commissioner or member of its staff for the purposes of subsection (1).

(3) A compliance notice shall—

(a) state the contravention to which it relates,

(b) state the grounds on which the person authorised under subsection (2) is of the opinion referred to in subsection (1),

(c) for the purpose of ensuring compliance by the provider with the provision which is the subject of the contravention, require the provider to do or refrain from doing anything specified in the notice by a date specified in the notice, and

(d) contain information regarding the bringing of an appeal under subsection (7) against the notice, including information specifying the manner in which an appeal may be brought.

(4) An authorised officer may withdraw a compliance notice at any time.

(5) An authorised officer may amend a compliance notice by notice in writing to the provider to substitute any later date for the date for the time being specified under subsection (3)(c) or this subsection.

(6) A date specified under subsection (3)(c) or (5) must be later than the date by which an appeal under subsection (7) may be brought.

(7) A provider may, not later than 14 days after the service on the provider of a compliance notice, appeal against the notice to the District Court.

(8) An appeal under subsection (7) shall be brought in the manner specified in accordance with subsection (3)(d).

(9) The authorised officer and the provider concerned shall be entitled to be heard and to adduce evidence at the hearing of an appeal under subsection (7).

(10) The District Court shall, on an appeal under subsection (7) against a compliance notice, do one of the following:

(a) affirm the notice;

(b) cancel the notice;

(c) cancel the notice and require the provider to comply with such directions as may be given by the court.

(11) A provider on whom a compliance notice is served, who fails to comply with the notice by the due date, shall be guilty of an offence and liable on summary conviction to a class B fine or imprisonment for a term not exceeding 6 months or both.

(12) The due date for the purposes of subsection (11) is:

(a) where no appeal is brought under subsection (7), the date for the time being specified in the compliance notice in accordance with subsection (3)(c) or (5);

(b) where an appeal against the notice is brought under subsection (7) and the court affirms the notice, the day falling immediately after the expiration of the period of 14 days from the date on which the court affirms the notice.

(13) Nothing done under this section prevents or restricts the taking of any other action for the purpose of enforcing a provision to which this section applies.

(14) This section applies to Articles 11, 12, 13(4), 14(1), (2), (5) and (6), 15(1), 16(1), 21(1) and (4), 24(2), 25 and 26(1)(a), (b), (c) and (d).

Power to enter into commitment agreement with intermediary service provider

139ZZGB. (1) The Commission may at any time enter into an agreement in writing with a relevant intermediary service provider under which the provider agrees to take measures that appear to the Commission to address any issue relating to compliance by the provider with the designated provisions of the Digital Services Regulation.

(2) An agreement under this section is referred to in this section as a ‘commitment agreement’.

(3) A commitment agreement may include provision under which the Commission agrees, subject to the terms of the agreement, not to take specified steps in relation to matters or findings addressed by the agreement.

(4) A commitment agreement, unless terminated under subsection (5) or (6), is binding on the parties for the period specified in the agreement.

(5) A commitment agreement may be amended or terminated by the parties by agreement in writing.

(6) The Commission may terminate a commitment agreement by giving notice in writing to the provider if—

(a) the provider does not comply with the agreement, or

(b) it appears to the Commission that information provided by the provider and relied on by the Commission for the purposes of entering into the agreement was, in a material respect, incomplete, misleading or false.

(7) A provider who fails to comply with a commitment agreement may be liable to an administrative financial sanction in accordance with this Part.”.

41. The Principal Act is amended by the insertion of the following Part after Part 14:

“PART 15

DIGITAL SERVICES

CHAPTER 1

Interpretation

Interpretation (Part 15)

186. (1) In this Part—

‘certification conditions’ means the conditions specified in Article 21(3);

‘designation conditions’ means the conditions specified in Article 40(8);

‘out-of-court dispute settlement body’ means a person certified under section 193(3)(a);

‘vetted researcher’ means a person designated as a vetted researcher under section 187(5)(a).

(2) A word or expression used in this Part that is also used in the Digital Services Regulation has, unless the context otherwise requires, the same meaning in this Part as it has in that Regulation.

(3) Unless the context otherwise requires, a reference in this Part to a numbered Article is a reference to the Article so numbered of the Digital Services Regulation.

CHAPTER 2

Vetted researchers, trusted flaggers and out-of-court settlement bodies

Designation of vetted researchers

187. (1) A person who applies to the Commission under Article 40(8) to be designated as a vetted researcher shall do so in the form and manner specified by the Commission and such application shall specify the research to which the application relates.

(2) Where a Member State Digital Services Coordinator provides the Commission with an initial assessment conducted in accordance with Article 40(9) together with the application and supporting documents submitted to the Coordinator, any information provided by the Member State Digital Services Coordinator in accordance with this subsection shall be deemed to be an application under subsection (1) by the person who submitted the application to the Coordinator.

(3) At any time after receiving an application under subsection (1), and before determining the application, the Commission may by notice in writing require the person applying under subsection (1) to provide additional information to the Commission and where the Commission does so, the person shall comply with that requirement within the period specified in the request.

(4) Additional information referred to in subsection (3) may include information the Commission considers is appropriate for, or relevant to, the making of a reasoned request in accordance with Article 40(4).

(5) Where the Commission is satisfied that a person, the subject of the application under subsection (1)—

(a) meets the designation conditions, the Commission may designate that person as a vetted researcher for the research referred to in the application, or

(b) does not meet the designation conditions, the Commission may refuse to designate that person as a vetted researcher for the research referred to in the application.

(6) Where the Commission makes a decision under subsection (5), the Commission shall notify the person, the subject of the application under subsection (1), in writing of the decision.

(7) A provider of a very large online platform (within the meaning of section 139ZG) or of a very large online search engine (within the meaning of section 139ZG) shall provide access to data to a vetted researcher where the Commission has issued a reasoned request under Article 40(4) for that vetted researcher.

(8) The Commission shall provide a copy of the reasoned request issued under Article 40(4) to the vetted researcher concerned.

Termination of data access

188. (1) Where a vetted researcher has been granted data access following a reasoned request for such access under Article 40(4), the Commission shall terminate the access where the Commission has determined that the vetted researcher no longer meets the designation conditions, following an investigation—

(a) on the Commission’s own initiative, or

(b) based on information received by the Commission from third parties.

(2) Where the Commission proposes to terminate data access in accordance with subsection (1), the Commission shall notify the vetted researcher in writing of the proposed termination.

(3) A notification under subsection (2) shall include particulars of the following:

(a) the proposal to terminate access under subsection (1) and the reason for it;

(b) that the researcher is entitled to make representations in accordance with section 196 regarding the proposal to terminate access;

(c) that if the researcher does not make such representations, the proposed termination under subsection (1) shall come into operation 14 days from the date of the service of the notification;

(d) that the researcher is entitled to seek a review of the decision to terminate access in accordance with section 189.

Review of refusal of designation or revocation of designation

189. (1) Where—

(a) an application for designation is refused by the Commission under section 187(5)(b), or

(b) the data access of a vetted researcher is proposed to be terminated by the Commission under section 188,

the applicant or the vetted researcher may, within 14 days from the date of the service of the notification under section 187(6) or 188(2), request in writing a review (in this section referred to as a ‘review request’) of such refusal or proposed termination in the form and manner specified by the Commission.

(2) The review request shall state the grounds on which the person making the request seeks a review of the refusal or proposed termination, as the case may be.

(3) The Commission shall, upon receipt of the review request, appoint an independent person (in this section referred to as a ‘reviewer’) to carry out a review in accordance with this section.

(4) The reviewer shall, as soon as is practicable after being appointed, review the decision to refuse the application or the proposal to terminate the data access and may recommend to the Commission that—

(a) the decision should be affirmed, or

(b) the decision should be set aside and the Commission reconsider the decision.

(5) The reviewer shall, within 14 days of making a recommendation under subsection (4), notify the person who made the review request, of the recommendation and the reasons for it.

Award of trusted flagger status

190. (1) An entity established in the State that applies to the Commission under Article 22(2) to be awarded status as a trusted flagger shall do so in the form and manner specified by the Commission (and an entity that so applies is in this section referred to as an ‘applicant’).

(2) At any time after receiving an application and before determining the application, the Commission may by notice in writing require the applicant to provide additional information to the Commission and where the Commission does so, the applicant shall comply with that requirement within the period specified in the request.

(3) Where the Commission is satisfied that an applicant—

(a) meets the specified conditions, the Commission may award the applicant status as a trusted flagger, or

(b) does not meet the specified conditions, the Commission may refuse to award the applicant status as a trusted flagger.

(4) Where the Commission makes a decision under subsection (3), the Commission shall notify the applicant in writing of the decision.

(5) In this section and in section 191, ‘specified conditions’ means the conditions specified in Article 22(2).

Revocation of status as trusted flagger

191. (1) Where the Commission proposes to revoke the status of a trusted flagger under Article 22(7), the Commission shall notify the trusted flagger in writing of the proposed revocation.

(2) A notification under subsection (1) shall include particulars of the following:

(a) the proposal to revoke the status of the trusted flagger under Article 22(7) and the reason for it;

(b) that the trusted flagger is entitled to make representations in accordance with section 196 regarding the proposal to revoke the status of the trusted flagger;

(c) that if the trusted flagger does not make such representations, the proposed revocation of the status of the trusted flagger under Article 22(7) shall come into operation 14 days from the date of the service of the notification;

(d) that the trusted flagger is entitled to seek a review of the decision to revoke the status of the trusted flagger in accordance with section 192.

Review of refusal of designation or revocation of designation

192. (1) Where—

(a) an application by an entity to be awarded status as a trusted flagger is refused by the Commission under section 190(3)(b), or

(b) the status of a trusted flagger is proposed to be revoked by the Commission under section 191,

the entity or the trusted flagger may, within 14 days from the date of the notification under section 190(4) or 191(1), request in writing a review (in this section referred to as a ‘review request’) of such refusal or proposed revocation, in the form and manner specified by the Commission.

(2) The review request shall state the grounds on which the entity or trusted flagger making the request seeks a review of the refusal or proposed revocation, as the case may be.

(3) The Commission shall, upon receipt of the review request, appoint an independent person (in this section referred to as a ‘reviewer’) to carry out a review in accordance with this section.

(4) The reviewer shall, as soon as is practicable after being appointed, review the decision to refuse the award of status as a trusted flagger or to revoke the status as a trusted flagger and may recommend to the Commission that—

(a) the decision should be affirmed, or

(b) the decision should be set aside and that the Commission reconsider the decision.

(5) The reviewer shall, within 14 days of making a recommendation under subsection (4), give notice to the entity or trusted flagger who made the review request, of the recommendation and the reasons for it.

Certification of out-of-court dispute settlement bodies

193. (1) A person who applies to the Commission under Article 21 to be certified as an out-of-court dispute settlement body shall do so in the form and manner specified by the Commission (and a person who so applies is in this section referred to as an ‘applicant’).

(2) At any time after receiving an application and before determining the application, the Commission may by notice in writing require the applicant to provide additional information to the Commission and, where the Commission does so, the applicant shall comply with that requirement within the period specified in the notice.

(3) Where the Commission is satisfied that an applicant—

(a) meets the certification conditions, the Commission may certify the applicant as an out-of-court dispute settlement body, or

(b) does not meet the certification conditions, the Commission may refuse to certify the applicant as an out-of-court dispute settlement body.

(4) Where the Commission makes a decision under subsection (3), it shall notify the applicant in writing of the decision.

Revocation of certification as out-of-court dispute settlement body

194. (1) Where the Commission proposes to revoke the certification of an out of-court dispute settlement body under Article 21(7), it shall notify the out-of-court dispute settlement body concerned in writing of the proposed revocation.

(2) A notification under subsection (1) shall include particulars of the following:

(a) the proposal to revoke the certification under Article 21(7) and the reason for it;

(b) that the out-of-court dispute settlement body is entitled to make representations in accordance with section 196 regarding the proposal to revoke the certification;

(c) that if the out-of-court dispute settlement body does not make such representations, the proposed revocation of the certification under Article 21(7) shall come into operation 14 days from the date of the service of the notification;

(d) that the out-of-court dispute settlement body is entitled to seek a review of the decision to revoke the certification in accordance with section 195.

Review of refusal of certification or revocation of certification

195. (1) Where—

(a) an application for certification as an out-of-court dispute settlement body is refused by the Commission under section 193(3)(b), or

(b) the certification of an out-of-court dispute settlement body is proposed to be revoked by the Commission under section 194,

the body may, within 14 days from the date of the notification under section 193(4) or 194(1), request in writing a review (in this section referred to as a ‘review request’) of such refusal or proposed revocation in the manner and form specified by the Commission.

(2) The review request shall state the grounds on which the body or out of-court dispute settlement body making the request seeks a review of the refusal or proposed revocation, as the case may be.

(3) The Commission shall, upon receipt of the review request, appoint an independent person (in this section referred to as a ‘reviewer’) to carry out a review in accordance with this section.

(4) The reviewer shall, as soon as is practicable after being appointed, review the decision to refuse or revoke the designation and may recommend to the Commission that—

(a) the decision should be affirmed, or

(b) the decision should be set aside and that the Commission reconsider the decision.

(5) The reviewer shall, within 14 days of making a recommendation under subsection (4), give notice to the person who made the review request, of the recommendation and the reasons for it.

Representations

196. (1) Where—

(a) a vetted researcher has been notified of a proposal to terminate data access under section 188,

(b) a trusted flagger has been notified of a proposal to revoke the status of the trusted flagger under section 191, or

(c) an out-of-court dispute settlement body has been notified of a proposal to revoke the certification of the out-of-court dispute settlement body under section 194,

the researcher, flagger or body may make representations to the Commission about such proposal.

(2) The Commission shall have regard to any representations made to it under subsection (1) in deciding whether to proceed with the proposed termination or revocation concerned.

(3) Where—

(a) a researcher, flagger or body makes representations to the Commission in accordance with subsection (1), and

(b) the Commission decides to give effect to the proposed termination of data access, revocation of the status of trusted flagger or revocation of certification as an out-of-court dispute settlement body,

the termination or revocation shall come into operation 14 days from the date of the notification under section 188, 191 or 194.

Investigation of trusted flagger, vetted researcher or out-of-court dispute settlement body

197. (1) For the purposes of an investigation in accordance with Articles 21(7), 22(7) and 40(1), the Commission may appoint a member of the staff of the Commission as an investigator to investigate—

(a) the award of a status as a trusted flagger in accordance with Article 22(7),

(b) the certification of an out-of-court dispute settlement body in accordance with Article 21(7), or

(c) the designation as a vetted researcher in accordance with Article 40(10).

(2) An investigation under this section shall be carried out by a Digital Services investigator without undue delay and where the investigation concerns the status of a trusted flagger, that status shall be suspended during the period of the investigation.

(3) For the purposes of an investigation undertaken in accordance with this section, the Digital Services investigator may—

(a) inspect and make copies of any books, records or other documents (including books, records or documents stored in non-legible form), or take extracts therefrom, relating to the trusted flagger, vetted researcher or out-of-court dispute settlement body,

(b) by notice in writing, request the trusted flagger, vetted researcher or out-of-court dispute settlement body to provide additional information to him or her, and

(c) request any person at the place of work or premises of the trusted flagger, vetted researcher or out-of-court dispute settlement body concerned, including the owner or person in charge of that place or premises, to give the Digital Services investigator such information and assistance as he or she may reasonably require for the purposes of an investigation under this section.

(4) A person requested to provide information or assistance in accordance with subsection (3)(c) shall comply with a request of the Digital Services investigator to provide such information and assistance as he or she may reasonably require for the purposes of the investigation.

(5) In this section, ‘Digital Services investigator’ means an investigator appointed under subsection (1).

CHAPTER 3

Miscellaneous

Orders to act against illegal content

198. (1) Where an authority in the State issues an order to act against one or more specific items of illegal content under Article 9(1), the authority shall ensure that the order meets the conditions specified in Article 9(2).

(2) Any order issued in the State under Article 9 shall be transmitted to the Commission by the authority who issues it, and such transmission shall include any information received from an intermediary service provider of the effect given to the order under Article 9(1).

Orders to provide information

199. (1) Where an authority in the State issues an order to provide specific information under Article 10(1), the authority shall ensure that the order meets the conditions specified in Article 10(2).

(2) Any order issued in the State under Article 10 shall be transmitted to the Commission by the authority who issues it, and such transmission shall include any information received from an intermediary service provider of the effect given to the order under Article 10(1).

Fees

200. (1) The Commission may specify a fee to accompany—

(a) an application referred to in section 187, 190 or 193, and

(b) a review request made under section 189, 192 or 195.

(2) The Commission may specify different fees for different classes of application or review request.

Complaints to Commission concerning Digital Services Regulation

201. (1) A person (in this section referred to as ‘a complainant’) may make a complaint to the Commission, in the manner and form specified by the Commission, that there has been a failure by an intermediary service provider to comply with a provision of the Digital Services Regulation.

(2) The Commission shall carry out an initial assessment of the complaint made under subsection (1) and, having done so, may transmit the complaint to—

(a) the Competition and Consumer Protection Commission where the complaint concerns Article 30, 31 or 32,

(b) the Digital Services Coordinator of establishment, where considered appropriate, accompanied by an opinion, or

(c) the European Commission where the complaint concerns Articles 33 to 42.

(3) The Commission shall notify the complainant where the complaint has been transmitted under subsection (2).

(4) The Commission shall, where it does not transmit the complaint under subsection (2), carry out a further assessment of the complaint and may take any of the following actions:

(a) serve an intermediary service provider a compliance notice under section 139ZZGA;

(b) investigate the complaint in accordance with section 139ZI(1);

(c) dismiss the complaint where the Commission finds—

(i) the complaint is frivolous or vexatious or was not made in good faith, or

(ii) the subject matter of the complaint is trivial;

(d) take such other action in respect of the complaint as the Commission considers appropriate.

(5) The Commission shall notify the complainant and the intermediary service provider to which the complaint relates of the complaint made under this section and of any action proposed by the Commission under subsection (4).

(6) A notification under subsection (5) shall—

(a) include particulars of the complaint,

(b) state that the intermediary service provider to which the complaint relates may make representations under subsection (7), and

(c) specify the date by which any representations shall be made under subsection (7).

(7) An intermediary service provider the subject of a complaint made under subsection (1) and notified under subsection (6) may, within the time specified by the Commission in such notification, make representations to the Commission about such complaint.

(8) The Commission shall have regard to any representations made to it under subsection (7) in deciding whether to proceed with any proposed action under subsection (4).

(9) The Commission shall notify the complainant and the intermediary service provider the subject of the complaint made under subsection (1) in writing of its decision under subsection (4).

Offences

202.(1) A person who knowingly or recklessly provides false or misleading information to the Commission in relation to an application referred to in section 187, 190 or 193 or under section 196 or 197(3) shall be guilty of a category 2 offence.

(2) A person, while not awarded status as a trusted flagger or whose status as a trusted flagger is revoked, who holds themselves out as a trusted flagger, shall be guilty of a category 3 offence.”.

42. Schedule 4 to the Principal Act is amended by the insertion of the following paragraph after paragraph 14:

“14A. Without prejudice to paragraph 13, a person may be liable to an administrative financial sanction in accordance with Part 8B if in an oral hearing where the suspected contravention is an infringement of the Digital Services Regulation he or she knowingly gives false or misleading evidence on oath or affirmation.”.

82. Section 24 of the Act of 2014 is amended, in subsection (1), by the substitution of “section 25 and section 25A, and section 15AV of the Act of 2002,” for “section 25, and section 15AV of the Act of 2002”.

83. The Act of 2014 is amended by the insertion of the following section after section 25:

“25A. (1) Notwithstanding section 25 and without prejudice to the exchange and use of information referred to in Chapter IV of the Digital Services Regulation, an authorised officer, a member of staff of the Commission, a member of the Commission, a person engaged by the Commission in any other capacity or any other person involved shall not contravene Article 84 of the Regulation.

(2) A person who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable, on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or both.

(3) In this section, ‘Digital Services Regulation’ means Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022⁵ on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act).”.

84. Section 42 of the Online Safety and Media Regulation Act 2022 is amended by the substitution of “Section 134 of the Principal Act” for “The Principal Act”.