IE-2024-act-2 — Digital Services Act 2024 | Law Reform

PART 1 Preliminary and General 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. PART 2 Amendment of Principal Act 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 2022 2 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