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S.L. 418.5 · The Digital Services (Designation And (S.L. 418.5)

S.L. 418.5 Art. 11Investigative powers of the Authority and the competent authorities in relation to the Digital Services Act.  Cap. 418.

In KraftAmtlicher Text

(1) Without prejudice to its powers under the Malta

Communications Authority Act, the Authority in the performance of its tasks as the Digital Services Coordinator in accordance with the

Digital Services Act in relation to the provisions of the Act that it enforces, shall:

(a) require the providers of intermediary services, as well as any other person acting for purposes related to their trade, business, craft or profession that may reasonably be aware of information relating to a suspected infringement including organisations performing the audits referred to in Articles 37 and 75(2) of the Digital Services Act, to provide such information without undue delay;

(b) carry out inspections of any premises that such providers or such persons use for purposes related to their trade, business, craft or profession, in order to examine, seize, take or obtain copies of information relating to a suspected infringement in any form, irrespective of the storage medium; and

(c) ask any member of the staff or representative of such providers or such persons to give explanations in respect of any information relating to a suspected infringement and to record the answers with their consent by any technical means.

(2) A competent authority shall also have the powers of investigation listed in sub-article (1) in ensuring compliance with the provisions of the Digital Services Act which that authority enforces.