(3) An intermediary to whom a notice is issued and served who, without reasonable excuse, fails to comply with the notice, shall be guilty of an offence and shall be liable on conviction—
- (a) in the case of an individual, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; or
- (b) in any other case, to a fine not exceeding $1 million,
and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction.
Code of practice and section 50 notice have effect despite other laws, etc.
51.—(1) A requirement of a code of practice or a notice under section 50 applicable to a digital advertising intermediary or an internet intermediary (called in this section the intermediary) has effect despite—
- (a) any duty of confidentiality or privacy imposed by any rule of law; or
- (b) any duty imposed by any contract or any rule of professional conduct,
that prevents the intermediary from complying with that requirement or restricts the intermediary in such compliance.
(2) No civil or criminal liability is incurred by an intermediary or an officer, employee or agent of the intermediary, for doing or omitting to do any act, if the act is done or omitted to be done with reasonable care and in good faith and for the purpose of complying with or giving effect to a requirement of the code of practice or a notice under section 50.
