CADA tracker · source extraction
Article 26
Powers of the national competent authorities
1. Where needed to carry out their tasks under Article 17, competent authorities of
establishment shall have the following investigative powers:
(a) the power to require any cloud computing service provider, as well as any other
persons acting for purposes related to their trade, business, craft or profession,
who may reasonably be expected to be aware of information relating to a
suspected infringement of this Regulation, including auditing organisations, to
provide that information as soon as possible;
(b) the power to carry out, or to request a judicial authority in their Member State
to order, inspections of any premises that those providers or those persons
acting for purposes related to their trade, business, craft or profession, use for
purposes related to their trade, business, craft or profession, or to request other
public authorities to do so, in order to examine, seize, take or obtain copies of
information relating to a suspected infringement in any form, irrespective of
the storage medium;
(c) the power to ask any member of staff or representative of those providers or
those persons acting for purposes related to their trade, business, craft or
profession, to give explanations in respect of any information relating to a
suspected infringement and, with their consent, to record their answers by any
technical means.
2. Where needed to carry out their tasks under Article 17, national competent
authorities of establishment shall have the following enforcement powers:
(a) the power to order the cessation of infringements and, where appropriate, to
impose remedies proportionate to the infringement and necessary to bring the
infringement effectively to an end, or to request a judicial authority in their
Member State to do so;
(b) the power to impose fines, or to request a judicial authority in their Member
State to do so, for failure to comply with this Regulation, including with any of
the investigative orders issued pursuant to paragraph 1;
(c) the power to impose a periodic penalty payment, or to request a judicial
authority in their Member State to do so, in accordance with Article 24 to
ensure that an infringement is terminated in compliance with an order issued
pursuant to point (a), or for failure to comply with any of the investigative
orders issued pursuant to paragraph 1.
3. Measures taken by national competent authorities of establishment in exercising their
powers listed in paragraphs 1 and 2 shall be effective, dissuasive and proportionate,
having regard, in particular, to the nature, gravity, recurrence and duration of the
infringement or suspected infringement to which those measures relate, and, where
relevant, the economic, technical and operational capacity of the service provider
concerned.
4. Member States shall set out specific rules and procedures for the exercise of the
powers pursuant to paragraphs 1 and 2 and shall ensure that any exercise of those
powers is subject to adequate safeguards under applicable national law in compliance
with the general principles of Union law. Those measures shall be taken only in
accordance with the right to respect for private life and the rights of defence,
including the rights to be heard and to have access to the file, and shall be subject to
the right of all affected parties to an effective judicial remedy.
SECTION 5
MUTUAL ASSISTANCE AND COOPERATION