S.L. 9.30 Art. 9Penalties.

(1) A hosting service provider who fails to comply with one or more of the obligations set out in Article 3(3) and (6), Article 4(2) and (7), Article 5(1), (2), (3), (5) and (6), Articles 6, 7, 10 and 11, Article 14(5), Article 15(1) and Article 17 of the Regulation shall be guilty of an offence and shall be liable, on conviction, to the punishment of imprisonment for a term of not less than 6 (six) months and not more than two (2) years or to a fine (multa) not exceeding fifty thousand euro (€50,000) or to both such fine and imprisonment:

Provided that where the hosting service provider is a body corporate having a distinct legal personality, it shall be liable on conviction to a fine (multa) not exceeding three hundred thousand euro (€300,000):

Provided further that a hosting service provider that systematically or persistently fails to comply with the obligation set out in paragraph (3) of Article 3 of the Regulation shall, on conviction, be liable to the punishment of a fine (multa) not exceeding four percent (4%) of his global turnover of the preceding business year.

(2) When imposing punishment, the Court shall take into consideration Article 18(2) of the Regulation.