S.L. 418.5 · The Digital Services (Designation And (S.L. 418.5)
S.L. 418.5 Art. 6Orders to provide information issued under Article 10 of the Digital Services Act.
(1) A judicial or administrative authority that issues an order to a provider of intermediary services for it to be provided specific information about one (1) or more individual recipients of the service shall, in issuing any such order, ensure that the order issued by it complies with the conditions listed in Article 10(2) of the Digital Services Act. If the order does not comply with one (1) or more of these conditions, the order shall be considered as null and void for the purposes of the Digital Services Act.
(2) Without prejudice to Article 10(3) of the Digital Services Act, the judicial or administrative authority issuing any order or, where applicable, the authority specified in that order, in accordance with sub-article (1) shall, when doing so, transmit forthwith to the Authority a copy of the order, along with any information received from the provider of intermediary services concerning the effect given to that order.
(3) The judicial or administrative authority issuing an order to provide information to a provider of intermediary services in accordance with Article 10 of the Digital Services Act shall, where necessary, take such enforcement measures as it may consider appropriate to ensure compliance with any such order.
(4) Any person applying to a court for the issuance of an order addressed to a provider of an intermediary service to provide information about one (1) or more recipients of an intermediary service provided by that provider, shall furnish the court, in addition to any other information that the court may reasonably require further to any such application, with the following information:
(a) the electronic point of contact that the provider of the intermediary service has designated pursuant to Article 11(1) of the Digital Services Act;
(b) all the information listed in Article 10(2)(a)(i) to
(v) of the Digital Services Act; and
(c) an assessment that the information required is information that the provider of the intermediary service has already collected for the purpose of providing its service and is within the control of that provider. (DESIGNATION AND ENFORCEMENT)