Enforcement of obligations

(1) The requirements of paragraphs 2 and 3 apply to the exercise, by the Digital Services Coordinator and the authorities competent under section 12(2), first sentence and (3), of the powers under Article 51(2) of Regulation (EU) 2022/2065.
(2) Where the Digital Services Coordinator or an authority competent under section 12(2), first sentence and (3) finds that a provider of intermediary services is not fulfilling its obligations under Regulation (EU) 2022/2065 or under section 25(1), it shall call on the provider of intermediary services 1. to comment, within a reasonable period, on the non-fulfilment of the obligation, and 2. to remedy the non-fulfilment of the obligation within a reasonable period, or without delay. The demand for a remedy under the first sentence, no. 2 may be challenged only together with the order under paragraph 3.
(3) The Digital Services Coordinator or the authorities competent under section 12(2), first sentence and (3) may order the necessary measures to ensure compliance with the obligations, where the provider of intermediary services does not comply with the demand for a remedy under paragraph 2, no. 2 within the period set. In making the order, a reasonable period must be set for the provider of intermediary services to be able to comply with the measures.
(4) To enforce the orders of the Digital Services Coordinator and of the authorities competent under section 12(2), first sentence and (3) under Article 51(2) and (3) of Regulation (EU) 2022/2065 in conjunction with paragraphs 1 and 2, a coercive fine of up to 5 percent of the average worldwide daily turnover or of the average worldwide daily income of the service provider in the preceding business year, calculated from the date named in the threat of the fine, may be imposed in accordance with the Administrative Enforcement Act.