Regulation 5(2)(e)

SCHEDULE 5N.I.Information Society Service Providers

Online interface noticeN.I.

1.  Where paragraph 2 applies, an enforcer may serve on an ISSP a notice (“an online interface notice”) requiring that ISSP to take such steps as are specified in the notice.

2.  This paragraph applies where the enforcer considers that service of an online interface notice is appropriate in accordance with—N.I.

(a)Article 7(2) (obligation of ISSPs to cooperate with market surveillance authorities) of the MSC Regulation, or

(b)Article 14(4)(k)(ii) (restricting access to an online interface) of the MSC Regulation.

3.  An online interface notice must specify only such steps as the enforcer considers appropriate—N.I.

(a)in connection with the supply of a product to which these Regulations apply, and

(b)in accordance with the requirements of Article 7(2) or 14(4)(k)(ii) of the MSC Regulation.

4.  An ISSP must take the steps specified in an online interface notice when it is requested by an enforcer to do so.N.I.

5.  The duty imposed by paragraph (4) is enforceable only—N.I.

(a)by way of an action for damages for breach of statutory duty against the ISSP on which the notice was served, and

(b)by a person supplied in Northern Ireland with the product to which the notice relates through the use of an online service provided by that ISSP.

6.  For the purposes of this Schedule, “ISSP” means an information society service provider.N.I.