Digital Markets, Competition and Consumers Act 2024

Compliance reports etc

83 Nominated officer

(1) An undertaking must ensure that, at all times when the undertaking is subject to a digital markets requirement, it has an officer with responsibility for carrying out the functions set out in subsection (2) in relation to that digital markets requirement (a “nominated officer”).

(2) The functions are—

(a) monitoring the undertaking’s compliance with the digital markets requirement and all related requirements;

(b) cooperating with the CMA for the purposes of securing that the undertaking complies with the digital markets requirement and all related requirements to the satisfaction of the CMA;

(c) securing that the undertaking complies with section 84 (compliance reports).

(3) A “digital markets requirement” is any of the following—

(a) a conduct requirement under section 19;

(b) a requirement imposed by virtue of a pro-competition order under section 46;

(c) a requirement to comply with a commitment given under section 56.

(4) A “related requirement” is any of the following relating to a digital markets requirement—

(a) a requirement imposed by virtue of an enforcement order under section 31 or section 32;

(b) the requirement to comply with a commitment given under section 36;

(c) a requirement imposed by virtue of a final offer order under section 41(2) or section 42;

(d) a requirement in a direction under section 87 of EA 2002 (delegated power of directions) given by virtue of a pro-competition order (see section 51(1)).

(5) A nominated officer must be an individual who the undertaking—

(a) considers to be a senior manager of the undertaking, within the meaning of section 70(3), and

(b) reasonably expects to be in a position to fulfil the functions set out in subsection (2) in relation to the digital markets requirement.

(6) An undertaking that is required to have a nominated officer under subsection (1) must, as soon as reasonably practicable, inform the CMA of the identity of the nominated officer (including any replacement officer).

84 Compliance reports

(1) An undertaking that is subject to a digital markets requirement (as defined in section 83(3)) must provide the CMA with a compliance report in relation to that digital markets requirement for each reporting period (as specified in a notice under subsection (3)).

(2) A compliance report is a report setting out—

(a) the extent to which the nominated officer considers that the undertaking has complied with the digital markets requirement and each related requirement (see section 83(4)) during the reporting period;

(b) how the undertaking has complied, and intends to continue to comply, with the digital markets requirement and each related requirement;

(c) such other information as the CMA may direct in relation to compliance with the digital markets requirement and each related requirement.

(3) At the same time as imposing a digital markets requirement on an undertaking, the CMA must give a notice to the undertaking specifying—

(a) the manner and form of the compliance report to be provided in relation to that digital markets requirement, and

(b) the reporting period for that digital markets requirement.

(4) The CMA may amend the requirements specified in a notice under subsection (3) by giving a further notice to the undertaking.

(5) The CMA may give a notice to an undertaking requiring it to publish a compliance report or a summary of a compliance report at such time, and in such manner and form, as the CMA may set out in the notice.