Digital Services Act 2024
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Notice and publication of decision of Commission | ||
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64. (1) The Commission shall, as soon as is practicable after making a decision under section 62 , give notice in writing of the decision to the inquiry subject. | ||
(2) The notice under subsection (1) shall set out the decision made and the reasons for it. | ||
(3) If the Commission decides that a contravention has occurred, the notice shall also— | ||
(a) state that the decision does not take effect unless it is confirmed on appeal under section 68 or on summary application under section 69 , and | ||
(b) state that, if the inquiry subject does not appeal under section 68 , the Commission will, as soon as is practicable after the expiration of the period for the making of an appeal referred to in section 68 (1), make an application in a summary manner for confirmation of the decision under section 69 . | ||
(4) If the Commission decides to impose an administrative financial sanction, the notice shall also— | ||
(a) state that the inquiry subject may make submissions in relation to the application of section 67 to the determination of the amount of the sanction, | ||
(b) state either that— | ||
(i) those submissions may be made at an oral hearing, under section 65 (2)(a), on a date specified in the notice, or | ||
(ii) those submissions may be made in writing, under section 65 (2)(b), within a period specified in the notice in accordance with that section, | ||
and | ||
(c) state that the Commission may request further information under section 65 (3). | ||
(5) Where the decision made under section 62 relates to a contravention falling within paragraph (a) or (c) of the definition of “contravention” in section 43 , the Commission shall publish the decision on a website maintained by it and that publication shall include the following matters: | ||
(a) the name of the inquiry subject; | ||
(b) the nature of the suspected contravention to which the investigation related; | ||
(c) the reasons for the decision; | ||
(d) such other particulars, reports or material as the Commission considers appropriate. | ||
(6) Where a notice under subsection (1) relates to a contravention referred to in paragraph (a) or (c) of the definition of “contravention” in section 43 , a copy of the notice— | ||
(a) shall be provided by the Commission to Coimisiún na Meán, and | ||
(b) shall be provided by Coimisiún na Meán to— | ||
(i) the European Commission, | ||
(ii) the European Board for Digital Services, and | ||
(iii) each Member State Digital Services Coordinator. | ||
(7) The Commission may provide a copy of a notice referred to in subsection (1) to any other person where it considers it appropriate to do so. | ||
(8) A person who receives a copy of a notice under subsection (7) prior to the publication of the decision under subsection (5) shall not, without the prior authorisation of the Commission, disclose the existence or the content of the notice, including any content redacted in accordance with subsection (10) from a notice published under subsection (5), to any other person. | ||
(9) A person who, without reasonable excuse, contravenes subsection (8) shall be guilty of a category 2 offence. | ||
(10) The Commission may, for the purposes of publication under subsection (5), redact any particulars which appear to the Commission— | ||
(a) to be commercially sensitive, or | ||
(b) to relate to the commission of an offence. |