Digital Markets, Competition and Consumers Act 2024
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Change 1
As published
161 Online interface orders
(1) The court may make an online interface order on an application under section 160 if the court finds that—
(a) a person has engaged, is engaging or is likely to engage in a commercial practice that constitutes a relevant infringement,
(b) there are no other available means under this Chapter of bringing about the cessation or prohibition of the infringement which, by themselves, would be wholly effective, and
(c) it is necessary to make the order to avoid the risk of serious harm to the collective interests of consumers.
(2) An online interface order is an order that directs the person against whom it is made to do, or to co-operate with another person so that person can do, one or more of the following—
(a) remove content from, or modify content on, an online interface;
(b) disable or restrict access to an online interface;
(c) display a warning to consumers accessing an online interface;
(d) delete a fully qualified domain name and take any steps necessary to facilitate the registration of that domain name by the public designated enforcer that applied for the order.
(3) Where an online interface order is made, the public designated enforcer that applied for the order may publish—
(a) the order, and
(b) where known, the identity of the person who has engaged, is engaging or is likely to engage in a commercial practice which constitutes the relevant infringement.
(4) Publication under subsection (3) is to be made in such form and manner as the enforcer considers appropriate for the purpose of eliminating any continuing effects of the relevant infringement.
(5) In subsection (2) “online interface” means any software, including a website, part of a website, an application or other digital content which—
(a) is operated by a person (“P”) acting for purposes relating to P’s business or by a person acting in the name of, or on behalf of, P, and
(b) is operated for or in connection with the purposes of giving access to, or promoting, goods, services or digital content that P or another person supplies.
Your change, as a redline
161 Online interface orders
(1) The court may make an online interface order on an application under section 160 if the court finds that—
(a) a person has engaged, is engaging or is likely to engage in a commercial practice that constitutes a relevant infringement,
(b) there are no other available means under this Chapter of bringing about the cessation or prohibition of the infringement which, by themselves, would be wholly effective, and
(c) it is necessary to make the order to avoid the risk of serious harm to the collective interests of consumers.
(2) An online interface order is an order that directs the person against whom it is made to do, or to co-operate with another person so that person can do, one or more of the following—
(a) remove content from, or modify content on, an online interface;
(b) disable or restrict access to an online interface;
(c) display a warning to consumers accessing an online interface;
(d) delete a fully qualified domain name and take any steps necessary to facilitate the registration of that domain name by the public designated enforcer that applied for the order.
(3) Where an online interface order is made, the public designated enforcer that applied for the order may publish—
(a) the order, and
(b) where known, the identity of the person who has engaged, is engaging or is likely to engage in a commercial practice which constitutes the relevant infringement.
(4) Publication under subsection (3) is to be made in such form and manner as the enforcer considers appropriate for the purpose of eliminating any continuing effects of the relevant infringement.
(5) In subsection (2) “online interface” means any software, including a website, part of a website, an application or other digital content which—
(a) is operated by a person (“P”) acting for purposes relating to P’s business or by a person acting in the name of, or on behalf of, P, and
(b) is operated for or in connection with the purposes of giving access to, or promoting, goods, services or digital content that P or another person supplies.
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