Broadcasting Act 2009

187

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.]

Annotations

Amendments:

F322

Inserted (17.02.2024) by Digital Services Act 2024 (2/2024), s. 41, S.I. No. 53 of 2024.