Digital Markets, Competition and Consumers Act 2024

71Power of access
This section has no associated Explanatory Notes

(1)The CMA may exercise the powers in this section where it considers that a designated undertaking or an undertaking that is the subject of a breach investigation—

(a)has not complied with the requirements of an information notice (see section 69), or

(b)has not complied with the duty to assist a skilled person with the preparation of a report (see section 79(12)).

(2)The CMA may access business premises, equipment, services, information or individuals in order to—

(a)supervise the obtaining, generation, collection or retention of information by the undertaking,

(b)observe the undertaking’s conduct in relation to users, or

(c)observe a demonstration or test performed by the undertaking,

for the purpose of securing compliance with requirements imposed on the undertaking under section 69 or section 79(12).

(3)Where the CMA requires access under subsection (2), it must give the undertaking a notice specifying—

(a)the access that it requires,

(b)a date by which the access must be provided, and

(c)the manner in which the access must be provided (which may be remote).

(4)The undertaking must give the CMA the access specified in the notice under subsection (3).

(5)The powers conferred by this section are not exercisable in relation to premises, equipment or individuals outside the United Kingdom.

(6)But the powers conferred by this section are exercisable in relation to information and services whether stored or provided within or outside the United Kingdom.

(7)In this Chapter, “business premises” means premises (or any part of premises) not used as a dwelling.