Part 1

Digital Markets
Chapter 6

Investigatory powers etc and compliance reports

Compliance reports etc

Nominated officer
83
1
An undertaking must ensure that, at all times when the undertaking is subject to a digital markets requirement, it has an officer with responsibility for carrying out the functions set out in subsection (2) in relation to that digital markets requirement (a “nominated officer”).
2
The functions are—
a
monitoring the undertaking’s compliance with the digital markets requirement and all related requirements;
b
cooperating with the CMA for the purposes of securing that the undertaking complies with the digital markets requirement and all related requirements to the satisfaction of the CMA;
c
securing that the undertaking complies with section 84 (compliance reports).
3
A “digital markets requirement” is any of the following—
a
a conduct requirement under section 19;
b
a requirement imposed by virtue of a pro-competition order under section 46;
c
a requirement to comply with a commitment given under section 56.
4
A “related requirement” is any of the following relating to a digital markets requirement—
a
a requirement imposed by virtue of an enforcement order under section 31 or section 32;
b
the requirement to comply with a commitment given under section 36;
c
a requirement imposed by virtue of a final offer order under section 41(2) or section 42;
d
a requirement in a direction under section 87 of EA 2002 (delegated power of directions) given by virtue of a pro-competition order (see section 51(1)).
5
A nominated officer must be an individual who the undertaking—
a
considers to be a senior manager of the undertaking, within the meaning of section 70(3), and
b
reasonably expects to be in a position to fulfil the functions set out in subsection (2) in relation to the digital markets requirement.
6
An undertaking that is required to have a nominated officer under subsection (1) must, as soon as reasonably practicable, inform the CMA of the identity of the nominated officer (including any replacement officer).
S. 83 not in force at Royal Assent, see s. 339(1)
S. 83 in force at 1.1.2025 by S.I. 2024/1226, regs. 1(2), 2(1)(2)