ComReg Enforcement I

Table of Contents

Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023

PART 5

Resolution of complaints and disputes

Interpretation (Part 5)

40. In this Part—

“Act of 2022” means the Consumer Rights Act 2022 ;

“Mobile Phone Roaming Regulation” has the same meaning as it has in the Roaming Regulations;

“provider” means—

(a) an undertaking within the meaning of the Principal Act,

(b) an undertaking within the meaning of Regulation 2 of the Regulations of 2019, or

“Regulations of 2013” means the Communications (Mobile Telephone Roaming) Regulations 2013 ( S.I. No. 228 of 2013 );

“Regulations of 2019” means the European Union (Open Internet Access) Regulations 2019 ( S.I. No. 343 of 2019 );

“relevant dispute” means—

(a) a dispute between an end-user and a provider in relation to compensation payable under section 39 ,

(b) a dispute between an end-user and a provider, arising under this Act or the Code Regulations, relating to contractual conditions or the performance of contracts (whether entered into or not),

(d) a dispute involving a consumer or end-user and concerning an issue falling within the scope of the Mobile Phone Roaming Regulation,

(e) a dispute between an end-user and a provider relating to the imposition or purported imposition of a charge referred to in section 45 of the Principal Act,

(f) a dispute between a consumer, within the meaning of the Act of 2022, and a trader, within the meaning of the Act of 2022, who is also a provider, relating to Part 5 (other than sections 119, 120 and 125) of the Act of 2022, and

(g) any other disputes that relate to the supply of and access to electronic communications services, electronic communications networks and associated facilities or the transmission of such services on such networks prescribed by the Minister for the purposes of this Part;

“Roaming Regulations” means the European Communities (Mobile Telephone Roaming) Regulations 2022 ( S.I. No. 315 of 2022 );

“Universal Services Regulations” means the European Communities (Electronic Communications Networks and Services) (Universal Service and Users’ Rights) Regulations 2011 ( S.I. No. 337 of 2011 ).

Procedures for handling complaints and resolution of disputes

41. (1) A provider shall ensure that it has in place procedures for dealing with complaints and for settling disputes with end-users that are accessible, fair, prompt, transparent, inexpensive and non-discriminatory.

(2) The Commission may specify requirements to be met by a provider for the purpose of ensuring compliance with this section.

(3) The Minister may, either on the recommendation of, or having consulted with, the Commission, prescribe measures to be taken by a provider for the purposes of giving effect to this section.

(4) Subsection (1) is a regulatory provision.

Handling of complaints and resolution of disputes to be provided for in code of practice

42. (1) A provider shall prepare, publish, keep updated and implement a code of practice for dealing with complaints and for settling relevant disputes.

(2) A code of practice shall provide for the following matters:

(a) first point of contact for complainants, including the channels of making complaints;

(b) a means of recording complaints;

(d) procedures for resolving complaints;

(e) informing the complainant that a dispute may be referred to the Commission where—

(i) the dispute has been resolved in accordance with the code of practice and the complainant is dissatisfied with the resolution, or

(ii) the dispute has not been resolved and at least 10 working days have passed since the day on which the complaint was first notified to the provider;

(f) cases where reimbursement of payments, payments of compensation and payments in settlement of losses incurred will be made;

(g) retention of records of complaints (including copies of the complaint, any response to it, any determination in respect of the complaint and any documentation considered in the course of such determination).

(3) The Commission may specify requirements to be met for the purpose of ensuring compliance with subsection (1) and the manner of publication of a code of practice referred to in that subsection including, without limitation, any requirements to ensure that the code of practice and procedures for dealing with complaints and settling disputes are fair, prompt, transparent, inexpensive and non-discriminatory.

(4) The Commission may serve a direction on a provider requiring that provider to make such alterations or additions to its code of practice as the Commission may specify in the direction.

Provider to report on end-user complaints

43. A provider shall, within each period of 6 months beginning with the period beginning on the date on which this section comes into operation, report to the Commission on—

(a) complaints made to it by end-users within the preceding 6 month period, and

(b) such other matters relating to complaints by end-users made during that period as may be specified by the Commission.

Commission may require information regarding end-user complaints

44. The Commission may require providers to collate and—

(a) publish, or

(b) provide to it,

in such form as the Commission may specify, comparable data in relation to complaints made to it by end-users and in relation to the procedures that providers have in place for dealing with complaints and for settling disputes with end-users.

Notification to end-user of right to refer dispute to Commission

45. Where a provider receives a complaint from an end-user in respect of its services, the provider shall inform the end-user of his or her right to refer a relevant dispute to the Commission for resolution in accordance with section 47 .

Commission may require provider to comply with code of practice

46. Where the Commission considers that a provider has failed to implement its code of practice, the Commission may serve a direction on the provider specifying the provisions of the code which have not been implemented and requiring the provider to implement them.

Resolution of relevant disputes by Commission

47. (1) An end-user may refer a dispute with a provider to the Commission and, where the Commission is satisfied that the dispute is a relevant dispute, and—

(a) a period of at least 10 days has elapsed since the complaint giving rise to the dispute was made, or

(b) the procedures for the resolution of disputes provided for in the provider’s code of practice have been completed,

the Commission, or such independent person as may be appointed by the Commission, shall, in accordance with such procedures as may be specified by the Commission under section 48 , carry out a dispute resolution process and propose a resolution to the dispute referred.

(2) Where the Commission proposes a resolution under subsection (1) the end-user that referred the dispute may elect to accept the resolution proposed and where the end-user so elects the resolution shall be binding on the provider concerned.

(3) An end-user who has referred a dispute to the Commission for resolution under this section may withdraw the dispute at any stage up to the time at which the Commission, or such independent person as may be appointed by the Commission, proposes a resolution to the dispute, by notifying the Commission, or the person, in writing to that effect, or, where there is an oral hearing in relation to the dispute, by notifying the Commission, or the person, at the hearing.

Procedure for resolution of disputes by Commission

48. (1) The Commission may specify procedures for the resolution of disputes under section 47 and such procedures shall—

(a) be transparent, non-discriminatory, simple, and inexpensive,

(b) enable disputes to be settled fairly and promptly, and

(2) The Commission, or such independent person as may be appointed by the Commission under section 47 (1), shall, as soon as practicable after an end-user refers a dispute, inform the end-user—

(a) of his or her right under section 47 (2) to elect to accept the resolution proposed,

(b) of his or her right under section 47 (3) to withdraw the dispute,

(d) that the resolution proposed may be different from an outcome determined by a court,

(e) of the legal effect of electing to accept the resolution proposed,

(f) that he or she will be given a reasonable period of time to consider whether to elect to accept the proposed solution, and

(g) that if the end-user does not elect to accept the resolution proposed within the period specified for the purposes of paragraph (f), the end-user shall be deemed to have rejected the proposed solution.

Direction

49. (1) Where the Commission is satisfied that a provider has failed to comply with a proposed resolution that is binding upon it by virtue of section 47 (2), the Commission may serve a direction on the provider requiring the provider to take such measures to ensure compliance with the resolution as are specified in the direction.

(2) Without prejudice to the generality of subsection (1), a direction may require all or any of the following:

(a) the reimbursement of payments by a provider to an end-user;

(b) payment of compensation by a provider to an end-user;

(d) where the Commission is satisfied that the conditions, requirements or circumstances permitting such termination have been met, the termination of a contract between a provider and an end-user without the end-user incurring further costs;

(e) the giving of an apology by a provider to an end-user;

(f) the giving of an explanation by a provider to an end-user for any matter giving rise to a complaint;

(g) compliance with a term or condition of the contract between the provider and the end-user;

(h) compliance with a legal obligation pursuant to the law relevant to the relevant dispute.

(3) The maximum amount of compensation that a provider may be directed to pay to any end-user under this section shall be €5,000 or such other lesser or greater amount as the Minister may prescribe.

Disputes involving parties in more than one Member State

50. Where a person refers a relevant dispute to the Commission under section 47 that involves parties in different Member States the Commission shall coordinate its efforts with any relevant regulatory authority in the other Member States with a view to bringing about a resolution of the dispute.

Remuneration and expenses of person appointed by Commission to carry out dispute resolution process

51. The Commission may pay such remuneration and expenses to an independent person appointed by the Commission referred to in section 47 (1) as it considers appropriate and the amount of such payments shall be included in the expenses of the Commission for the purpose of section 30 of the Principal Act.

Enforcement

52. (1) The following provisions are regulatory provisions:

(a) section 41 (1).

(b) subsections (1) and (2) of section 42 ;

(d) section 45 .

(2) A provider that fails to comply with—

(a) a requirement under section 41 (2).

(b) an obligation to take a measure prescribed by a regulation under section 41 (3) that is stated in the regulations to be a penal provision,

(d) a direction under section 42 (4).

(e) section 43 (a).

(f) a requirement under section 44 ,

(g) a direction under section 46 , or

(h) a direction under section 49 ,

commits an offence and is liable on summary conviction to a class A fine.

(3) In proceedings for the prosecution of an offence consisting of a failure to comply with section 43 it is a defence for a provider to show that it took all reasonable steps and exercised all due diligence to avoid committing the offence.

Commission to be listed as alternative dispute resolution entity

53. (1) The Competition and Consumer Protection Commission shall, notwithstanding paragraph (1) of Regulation 8 of the European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015 ( S.I. No. 343 of 2015 ) (referred to in this section as the “Regulations of 2015”) add the Commission to the list of ADR entities established and maintained by it under that Regulation.

(2) The Regulations of 2015 do not apply to an ADR process conducted by the Commission or a person appointed by the Commission under section 47 .

Procedure under this Part without prejudice to other remedies

54. This Part is without prejudice to an end-user’s right to pursue a dispute to which this section applies by other legal means or proceedings.

Application of Universal Service Regulations to certain disputes

55. Where on the coming into operation of this section, a dispute is before the Commission, or an independent person, for resolution in accordance with Regulation 27(4) of the Universal Service Regulations then, notwithstanding any repeal of the Universal Service Regulations, those Regulations shall continue to apply in respect of such a dispute.

Continuation of measures under Universal Services Regulations

56. (1) Any measure that is in force under Regulation 27 of the Universal Services Regulations on the coming into operation of this section shall continue in force and be deemed to have been made under, and in accordance with, this Part.

(2) Without prejudice to the generality of subsection (1), for the purposes of this section “measure” includes any decision, specification, requirement, direction, notification and notice, and any other act of an equivalent nature.

PART 6

Interim Measures

Urgent interim measures

57. (1) The Commission may, at any time where it has evidence of a breach of a regulatory provision or a breach of conditions, or of a substantial risk that either such breach will take place, that—

(a) represents an immediate and serious threat to public safety, public security or public health, or

(b) risks creating serious economic or operational problems for other providers or users of electronic communications networks or services or other users of the radio spectrum,

impose urgent interim measures (referred to in this Act as “urgent interim measures”) to remedy the breach or the risk of the breach.

(2) The urgent interim measures that the Commission may impose in accordance with subsection (1) may include a requirement—

(a) that the suspected breach cease and that specified measures be taken to remedy the suspected breach, or

(b) in the case of an anticipated breach, that specified measures be taken to prevent the breach from taking place,

immediately or within a reasonable time limit.

(3) Where the Commission imposes urgent interim measures it shall serve a notice in writing (referred to in this Act as an “urgent interim measures notice”) on the person suspected of the breach or, as the case may be, the anticipated breach.

(4) An urgent interim measures notice shall—

(a) identify the evidence referred to in subsection (1).

(b) specify the suspected, or anticipated, regulatory breach or breach of conditions,

(d) specify any measure that is required to be taken to remedy the suspected breach concerned or to prevent the anticipated breach from taking place,

(e) specify any date or time by which the breach is to cease or any measure is to be taken, and

(f) be signed and dated by the Commission.

(5) An urgent interim measure shall take effect on such date as the Commission specifies in the notice.

(6) The Commission shall, subject to subsection (8), allow a reasonable period, having regard to the urgency of the measures and the particular circumstances, before an urgent interim measure takes effect to enable the person to whom the measure is directed to make written submissions to the Commission in relation to the measure including any remedies that the person concerned may wish to propose.

(7) A person to whom an urgent interim measure is directed may, within the period specified in the urgent interim measures notice, or where the measure is varied within the period specified in the notice of such variation, make written submissions to the Commission in relation to the measure or the variation of the measure.

(8) Exceptionally, and in circumstances of extreme urgency, the Commission may specify that an urgent interim measure take effect without the person to whom it is directed having an opportunity to make submissions and where the Commission does so it shall provide the person with an opportunity to make such submissions as soon as possible after the measure takes effect.

(9) Where the Commission receives written submissions in accordance with subsection (7) or (8) in relation to an urgent interim measure it shall—

(a) consider such submissions, and

(b) by notice in writing to each person on which the urgent interim measures notice was served, confirm, revoke or vary the urgent interim measure.

(10) Subject to subsection (11) and to any order made by the High Court on an appeal under section 105 an urgent interim measure shall remain in effect until the earlier of—

(a) such date as the Commission may specify in the urgent interim measures notice, and

(b) the expiry of a period of 3 months beginning on the date on which the measure first came into effect.

(11) The Commission may by notice in writing to each person on which the urgent interim measures notice was served, in circumstances where enforcement procedures have not been completed, extend the period during which an urgent interim measure remains in force up to a maximum period of 6 months beginning on the date on which the measure first came into effect.

(12) Where there is a material change of circumstances while an urgent interim measure is in effect a person to whom the measure is directed may make representations to the Commission to have the measure varied or revoked.

(13) The Commission may vary or revoke an urgent interim measure at any time by notice in writing to the person on whom the urgent interim measures notice was served, setting out how the measure is to be varied or stating that the measure is to be revoked and stating the date on which such variation or revocation is to take effect.

(14) An urgent interim measures notice shall cease to have any effect if it is revoked by the Commission.

(15) A person to whom an urgent interim measures notice is directed shall comply with any urgent interim measures contained in such notice.

(16) Where a person fails to comply with an urgent interim measure the Commission may apply to the High Court for an order compelling compliance.

(17) Where an urgent interim measure—

(a) requires the cessation of a breach that constitutes a criminal offence, or

(b) requires a person to do something in circumstances where a failure to do the thing required constitutes a criminal offence,

and the Commission has—

(i) brought proceedings in respect of such offence, or

(ii) given a notice under section 44 of the Principal Act in respect of such offence,

the Commission shall not make an application for an order under subsection (16) compelling compliance with the urgent interim measures notice.

(18) A person to whom an urgent interim measure is directed may appeal the measure in accordance with Chapter 8 of Part 7 .

(19) Where the Commission imposes urgent interim measures under this section in relation to a suspected regulatory breach that is the subject of an investigation by an authorised officer, the authorised officer shall, as soon as reasonably practicable thereafter, conclude the investigation and determine whether or not to serve a notice of suspected non-compliance within the meaning of Part 7 .

Imposition of urgent interim measures by High Court

58. (1) The High Court may, on an application to it in that behalf, where it is satisfied that a person is—

(a) committing a regulatory breach, or

(b) engaging in conduct which may give rise to a regulatory breach,

that gives rise to a serious risk of—

(i) irreparable harm to public safety, public security, public health, competition or the rights of end-users, or

(ii) substantial economic or operational difficulties for other providers or users of electronic communications networks or services or other users for radio spectrum,

by order require that, on the expiry of any specified urgent interim measure imposed by the Commission under section 57 , the breach or conduct cease immediately or within a reasonable time period and that specified measures be taken to remedy the breach or the effects of the conduct concerned.

(2) The High Court may in particular—

(a) make an order on the same or similar terms as an urgent interim measures notice under section 57 that has expired or is to expire, or

(b) extend urgent interim measures imposed under section 57 for a period beyond the period referred to in subsection (11) of that section.

PART 7

Administrative Sanctions

Chapter 1

Interpretation and application of Part 7

Interpretation (Part 7)

59. In this Part—

“Act of 2002” means the Competition Act 2002 ;

“adjudication” means—

(a) a decision by an adjudicator under section 90 , and

(b) any decision of the adjudicator under section 91 on foot of that decision,

or either such decision;

“adjudicator” has the meaning given to it by section 76 ;

“administrative sanction” means—

(a) a requirement to cease a regulatory breach or to take specified measures to remedy the breach,

(b) a requirement to pay a financial penalty, refund or compensation, or

imposed under section 91 and “administrative sanctions proceedings” shall be interpreted accordingly;

“appeal” means an appeal under Chapter 8;

“authorised officer” shall be construed in accordance with section 39 of the Principal Act;

“commercially sensitive information” means information the disclosure of which could reasonably be expected to—

(a) substantially and materially prejudice the commercial or industrial interests of—

(i) the person required to provide the information,

(ii) another person, or

(iii) a class of persons in which a person referred to in subparagraph (i) or (ii) falls,

(b) substantially prejudice the competitive position of a person in the conduct of the person’s business, profession or occupation, or

(i) the State,

(ii) a Department of State,

(iii) the Garda Síochána,

(iv) the Permanent Defence Force within the meaning of the Defence Act 1954 ,

(v) a local authority within the meaning of the Local Government Act 2001 , or

(vi) a body established by or under any enactment or charter other than the Companies Act 2014 or a former enactment relating to companies within the meaning of section 5 of that Act;

“licence” means a licence granted under section 5 of the Act of 1926 to keep and have possession of apparatus for wireless telegraphy for the provision of an electronic communications network or service and which grants a right of use for radio spectrum;

“notice of suspected non-compliance” has the meaning given to it by section 63 ;

“notified person” means a person on whom a notice of suspected non-compliance has been served;

“referral report” has the meaning given to it by section 70 .

Regulatory provisions and power of Minister to apply Part to certain breaches

60. (1) In this Part, “regulatory provision” means any of the following:

(a) a provision of this Act that is stated in this Act to be a regulatory provision;

(b) the Code Regulations;

(c) an Act or a provision of an Act (other than this Act) that is stated in such Act to be a regulatory provision for the purposes of this Part;

(d) regulations or a provision of regulations made by the Minister prescribed by the Minister as a regulatory provision for the purposes of this Part;

(e) an act, or provision of an act, adopted by an institution of the European Union, prescribed by the Minister as a regulatory provision for the purposes of this Part;

(f) a decision or action of the Commission (referred to in this section as a “regulatory decision”) the effect of which is to require a person to do, or refrain from doing, something and including the making of a requirement or direction, the imposition of an obligation, the designation of a person or thing, the determination that certain provisions apply to a person or thing, the making of a specification (including the specification of a standard) and the giving of notice, or the notification of, such a requirement, under—

(i) this Act,

(ii) the Code Regulations,

(iii) an Act, or a provision of an Act, referred to in paragraph (c).

(iv) a regulation, or a provision of regulations, referred to in paragraph (d), or

(v) an act, or provision of an act, referred to in paragraph (e).

(g) a condition or restriction of a licence granted to a provider under section 5 of the Act of 1926.

(2) The Minister may when making regulations under any Act, in order to ensure that the penalties provided for the breach of such regulations, or any decision made under such regulations, are appropriate, effective, proportionate and dissuasive, apply the provisions of this Part to a breach of any provision of such regulations, and any regulatory decision made under such regulations, and may, for that purpose, state in such regulations that the regulations or any provision thereof is a regulatory provision for the purposes of this Part.

(3) The Minister may, in order to ensure that the penalties provided for the breach of such act or decision are appropriate, effective, proportionate and dissuasive, apply the provisions of this Part to a breach of any provision of an act adopted by an institution of the European Union, and any regulatory decision made under such act, and may, for that purpose prescribe such act or any provision of such act as a regulatory provision for the purposes of this Part.

Application of Part

61. (1) This Part applies in respect of a licence notwithstanding anything to the contrary in—

(a) the Act of 1926,

(b) any Regulations made under section 6 (inserted by section 182 of, and Schedule 2 to, the Broadcasting Act 2009 ) of the Act of 1926, and

(2) This Part is without prejudice to any power of the Commission to suspend or withdraw general authorisation or rights of use for radio spectrum or rights of use for numbering resources.

Chapter 2

Preliminary procedure

Power of Commission to resolve suspected regulatory breach, etc.

62. (1) Where the Commission suspects on reasonable grounds that a person has committed or is committing a regulatory breach it may enter into an agreement in writing with the person to resolve the matter.

(2) Such an agreement is to be on such terms as are specified in the agreement and is binding on the Commission and the person concerned.

(3) The terms of such an agreement may include terms under which that person accepts the imposition of administrative sanctions.

(4) The Commission may enter into an agreement under this section—

(a) without any investigation into the matter taking place under this Act, or

(b) after beginning such an investigation, as long as an adjudicator has not made a decision in respect of the matter under section 90 .

(5) Where a person with whom the Commission has entered into an agreement under this section fails to comply with any of the terms of the agreement, the Commission may apply to the High Court for an order under subsection (6).

(6) If satisfied on application to it under subsection (5) that the person concerned has failed to comply with any of the terms of the agreement under this section, the High Court may make an order requiring that person to comply with those terms or that term, as the case may be.

(7) The Commission may, by proceedings brought in a court of competent jurisdiction, recover as a debt due to the Commission the amount of any amount agreed to be paid under an agreement entered into under this section.

Notice of suspected non-compliance

63. (1) In this Act, “notice of suspected non-compliance” means a notice in writing informing the person on whom it is served of the details of a regulatory breach of which the person is suspected.

(2) Where an authorised officer suspects on reasonable grounds that a person has committed or is committing a regulatory breach that does not constitute a criminal offence the authorised officer may serve a notice of suspected non-compliance on the person.

(3) Where an authorised officer suspects on reasonable grounds that a person has committed or is committing a regulatory breach that constitutes a criminal offence, the authorised officer may serve a notice of suspected non-compliance on the person if—

(a) the offence is an offence that may be prosecuted summarily by the Commission and the Commission has elected not to prosecute the offence, or

(b) the authorised officer refers the matter to the Director of Public Prosecutions and the Director of Public Prosecutions has not commenced criminal proceedings in respect of the regulatory breach.

(4) A notice of suspected non-compliance shall be in such form as the Commission may specify, and shall—

(a) inform the notified person that the authorised officer suspects that the person has committed or is committing a regulatory breach,

(b) set out the grounds for the authorised officer’s suspicion in sufficient detail to allow the notified person to fully respond to the notice of suspected non-compliance in accordance with subsection (6), and

(c) inform the notified person of its right to make submissions under subsection (6), and the period within which that right may be exercised.

(5) The authorised officer shall, as soon as is practicable after issuing the notice of suspected non-compliance, serve on the notified person a copy of, or access to, any material relied upon by the authorised officer for the purpose of issuing the notice of suspected non-compliance, subject to such redactions as the authorised officer may consider necessary and appropriate in order to protect the rights of the parties or any other person, to protect commercially sensitive information, or for any other good and sufficient reason.

(6) Subject to subsection (7), a notified person may, within such period as is specified in the notice, make written submissions to the authorised officer on the notice of suspected non-compliance.

(7) Notwithstanding the period specified in the notice of suspected non-compliance in accordance with subsection (4)(c), the authorised officer may, where it is appropriate to do so in the circumstances of the case, extend the period within which written submissions may be made and shall notify the notified person in writing of the extended period.

Supplementary notice of suspected non-compliance

64. (1) Where an authorised officer, having served a notice of suspected non-compliance, identifies—

(a) new or different points of fact or law, or new evidence, having a material impact on its analysis or the grounds set out in the notice of suspected non-compliance, or

(b) any error or inaccuracy in the notice of suspected non-compliance,

the authorised officer shall serve a notice (referred to in this Act as a “supplementary notice of suspected non-compliance”) on each notified person.

(2) A supplementary notice of suspected non-compliance shall—

(a) be in such form as the Commission may specify,

(b) summarise the new or different points of fact or law or new evidence that have been identified by the authorised officer and the material impact of such points of fact or law or such evidence on the analysis or the grounds set out in the notice of suspected non-compliance of the authorised officer, and

(c) inform the notified person of its right to make written submissions under subsection (3), and specify the period within which that right may be exercised.

(3) Subject to subsection (4), the notified person on which a supplementary notice of suspected non-compliance is served may, within such period as is specified in the supplementary notice, make written submissions to the authorised officer on the supplementary notice of suspected non-compliance.

(4) Notwithstanding the period specified in the supplementary notice of suspected non-compliance in accordance with subsection (3), the authorised officer may, where it is appropriate to do so in the circumstances of the case, extend the period within which the notified person may make written submissions in accordance with that subsection and shall notify each notified person in writing of the extended period.

Commission may revoke notice of suspected non-compliance, etc.

65. The Commission may revoke a notice of suspected non-compliance or a supplementary notice of suspected non-compliance.

Commission may publish notice of suspected non-compliance, etc.

66. The Commission may (save where such publication would, in the opinion of the Commission, prejudice the achievement of the objectives of this Act) publish a notice of suspected non-compliance or a supplementary notice of suspected non-compliance on the website of the Commission, with due regard for the protection of commercially sensitive information.