Provision of information and searches

(1) The persons named in Article 51(1)(a) and (c) of Regulation (EU) 2022/2065 are obligated to make the relevant information available on request of the Digital Services Coordinator or of the authorities competent under section 12(2), first sentence and (3). The persons named in Article 51(1)(b) of Regulation (EU) 2022/2065 are obligated to tolerate the examination of business documents and entry to the premises named in Article 51(1)(b) of Regulation (EU) 2022/2065 during usual business hours. In the case of legal persons, companies or unincorporated associations, the obligations under the first and second sentences apply to the persons called upon by law or by the articles of association to represent them.
(2) Persons obligated under paragraph 1 to provide information may refuse to answer questions where answering them would expose themselves, or persons under section 383(1) nos. 1 to 3 of the Code of Civil Procedure, to the risk of criminal prosecution or of proceedings under the Act on Regulatory Offences.
(3) Persons entrusted with conducting inspections may enter the business and office premises of undertakings and of associations of undertakings during usual business hours. Searches may be conducted only on the order of the Local Court in whose district the searches are to be carried out. Sections 306 to 310 and section 311a of the Code of Criminal Procedure apply accordingly to a challenge to such an order. Where there is danger in delay, the persons conducting the inspection may, during business hours, carry out the necessary searches without a judicial order. A record must be prepared on the spot of the search and its essential outcome, which, where no judicial order has been issued, must also state the facts giving rise to the assumption of danger in delay. The fundamental right to the inviolability of the home (Article 13(1) of the Basic Law) is restricted to that extent.