Part 3Enforcement of consumer protection law
Chapter 3Consumer protection orders and undertakings
Online interface orders and interim online interface orders
161Online 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.