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.]