Digital Markets, Competition and Consumers Act 2024

Extra-territorial application in relation to notices

3 After paragraph 17 insert—

“Extra-territorial application in relation to notices under paragraph 14

17A (1) This paragraph applies to the exercise of a power of an enforcer to give a person a notice under paragraph 14.

(2) The power is exercisable so as to—

(a) give the notice to a person who is outside the United Kingdom;

(b) require the provision of information held outside the United Kingdom.

(3) Sub-paragraph (4) applies where—

(a) an enforcer proposes to give a notice to a person outside the United Kingdom by virtue of sub-paragraph (2)(a), and

(b) the enforcer does not consider that the person is a potential enforcement subject.

(4) Where this sub-paragraph applies, the power to give the notice is exercisable only if the person has a UK connection.

(5) A person has a UK connection if the person—

(a) is a United Kingdom national,

(b) is an individual who is habitually resident in the United Kingdom,

(c) is a firm established in the United Kingdom, or

(d) carries on business in the United Kingdom or by any means directs activities in the course of carrying on a business to consumers in the United Kingdom.

(6) For the purposes of sub-paragraph (3)(b) a person (P) is a “potential enforcement subject”, in relation to a notice given by an enforcer to P by virtue of this paragraph, if the notice is given for the purposes of enabling the enforcer—

(a) to exercise, or consider whether to exercise, a function mentioned in paragraph 13(2), (3), (7)(a) or (9)(b) in relation to P;

(b) to ascertain whether P has breached any legislation mentioned in paragraph 13(4);

(c) to ascertain whether P has complied with, or is complying with, an injunction or interdict mentioned in paragraph 13(7)(b);

(d) to determine whether to make an order of a kind mentioned in paragraph 13(9)(a) in respect of, or in relation to, P.

(7) In sub-paragraph (5)(a) “United Kingdom national” means—

(a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;

(b) a person who is a British subject under the British Nationality Act 1981;

(c) a British protection person within the meaning of that Act.

(8) For the purposes of sub-paragraph(5)(c), a firm is “established in the United Kingdom” if—

(a) it is incorporated or formed under the law of a part of the United Kingdom, or

(b) it is administered under arrangements governed by the law of a part of the United Kingdom.

(9) References in this paragraph to an enforcer include an officer of an enforcer.”