Digital Services Act 2024

16.

Amendment of section 139ZI of Principal Act

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given by the European Commission or a Member State Digital Services Coordinator, or any that has been given has been withdrawn.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.”.