Investigations

(1) In exercising the powers under Article 51(1) of Regulation (EU) 2022/2065, the Digital Services Coordinator and the authorities competent under section 12(2), first sentence and (3) may conduct all investigations and take all evidence that are necessary.
(2) For evidence by inspection, witnesses and experts, section 372(1), sections 376 to 378, 380 to 387, 390, 395 to 397, 398(1) and sections 401, 402, 404, 404a, 406 to 409, 411 to 414 of the Code of Civil Procedure apply accordingly; detention may not be ordered. The Higher Regional Court has jurisdiction to decide on the appeal (Beschwerde).
(3) A record should be prepared of the statements of witnesses and of experts. The record must be signed by the investigating official of the competent authority and, where a recording clerk has been involved, also by that person. The record should state the place and date of the proceedings, and the names of those participating and involved. The record must be read to the witnesses and experts for their approval, or submitted to them for their own review. The approval given must be noted and signed by the persons concerned. Where the signature is omitted, the reason for this must be stated.
(4) The Digital Services Coordinator and the authorities competent under section 12(2), first sentence and (3) may request the Local Court to administer an oath to witnesses, where they consider the oath necessary to obtain a truthful statement. The court decides on the administration of the oath.
(5) Where the investigations have found that a provider of intermediary services has infringed conditions or orders of the Digital Services Coordinator or of the authorities competent under section 12(2), first sentence and (3), the provider must reimburse to the Digital Services Coordinator or to the authorities competent under section 12(2), first sentence and (3) the expenses of these investigations, including their outlays for experts.