Part 1: Digital Markets Investigatory powers etc Section 80: Duty to preserve information
This section creates a legal duty to preserve evidence which is relevant to a digital markets investigation, a compliance report by an undertaking or where the CMA is providing investigative assistance to an overseas regulator. Where the CMA has made a request for information, there are penalties for non-compliance, or for falsifying, concealing or destroying information. The purpose of this section is to preserve evidence before and after the CMA has made a formal request. This is consistent with an existing duty to preserve evidence in section 201, subsection (4) of the Enterprise Act 2002 in relation to cartel offence investigations and the creation of a new duty to preserve evidence under section 28B of the Competition Act 1998 made under section 121 of this Act.
	Subsection (1) sets out that in the circumstances described in subsections (2), (3), (4) and (5), a person must not carry out, cause or permit the destruction, disposal, falsification or concealment of relevant information. This duty does not apply where the person has a reasonable excuse to do so.
	Subsections (2), (3), (4) and (5) set out the circumstances in which this duty applies. This includes situations where a person knows or suspects that a breach or PCI investigation is being or is likely to be carried out, but - for example - where the CMA has not yet formally opened an investigation or required information to be produced. The duty also applies where an undertaking, or a person connected to an undertaking, knows that the undertaking is subject to an initial SMS investigation. This also includes where an undertaking, or a person connected to an undertaking, knows that the undertaking is required to produce a compliance report under section 84, or is subject to a further SMS investigation. The duty also applies where an undertaking, or a person connected to an undertaking, knows or suspects that the CMA is, or is likely to, provide investigative assistance to an overseas regulator in relation to that undertaking. Section 118(3) defines how a person can be connected to an undertaking.
	Subsection (6) sets out the circumstances in which information would be considered relevant for the purposes of this section.