Digital Services Act 2024

JurisdictionIreland
Year2024
CitationIR No. 2/2024


Digital Services Act 2024

2024 2

An Act to give further effect to Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 20221 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) and for that purpose to amend the Broadcasting Act 2009 and the Competition and Consumer Protection Act 2014; and to provide for related matters.

[11 February 2024]

Be it enacted by the Oireachtas as follows: 1 OJ L277, 27.10.2022, p. 1

S-1 Short title and commencement

1 Short title and commencement

(1) This Act may be cited as the Digital Services Act 2024.

(2) This Act shall come into operation on such day or days as the Minister, following consultation with the Minister for Tourism, Culture, Arts, Gaeltacht, Sports and Media, may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

S-2 Definitions

2 Definitions

2. In this Act—

“Act of 2014” means the Competition and Consumer Protection Act 2014;

“Minister” means the Minister for Enterprise, Trade and Employment;

“prescribed” means prescribed by regulations made by the Minister;

“Principal Act” means the Broadcasting Act 2009.

S-3 Regulations

3 Regulations

(1) The Minister may make regulations for the purposes of this Act, including regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed.

(2) Without prejudice to any provision of this Act, regulations under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

S-4 Service of documents

4 Service of documents

(1) A notice or other document that is required to be served on or given to a person under this Act shall be addressed to the person concerned by name, and may be so served on or given to the person in one of the following ways:

(a)

by delivering it to the person;

(b)

by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(c)

by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address;

(d)

by electronic means, in a case in which the person has given notice in writing to the person serving or giving the notice or document concerned of his or her consent to the notice or document (or notices or documents of a class to which the notice or document belongs) being served on, or given to, him or her in that manner.

(2) For the purpose of this section, a company formed and registered under the Companies Act 2014 or an existing company within the meaning of that Act is deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business.

S-5 Revocation

5 Revocation

5. Regulations 15 to 18 of the European Communities (Directive 2000/31/EC) Regulations 2003 (S.I. No. 68 of 2003) are revoked.

S-6 Expenses

6 Expenses

6. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure, National Development Plan Delivery and Reform, be paid out of moneys provided by the Oireachtas.

S-7 Amendment of section 2 of Principal Act

7 Amendment of section 2 of Principal Act

7. Section 2 of the Principal Act is amended, in subsection (1), by the insertion of the following definitions:

“ ‘Digital Services Regulation’ means Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 20222 1on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act);

‘intermediary service provider’ means a provider of intermediary services;

‘Member State competent authority’ means an authority that is designated by a Member State (other than the State) as a competent authority for the purposes of Article 49(1) of the Digital Service Regulation;

‘Member State Digital Services Coordinator’ means an authority that is designated by a Member State (other than the State) as a Digital Services Coordinator for the purposes of Article 49(2) of the Digital Service Regulation;”.

2 OJ L277, 27.10.2022, p. 1

S-8 Amendment of section 7 of Principal Act

8 Amendment of section 7 of Principal Act

8. Section 7 of the Principal Act is amended by the insertion of the following subsection after subsection (5):

“(6) The Commission is designated, for the purposes of Article 49(1) of the Digital Services Regulation, as—

(a) the competent authority (other than in respect of Articles 30, 31 and 32 of that Regulation), and

(b) the Digital Services Coordinator.”.

S-9 Amendment of section 33 of Principal Act

9 Amendment of section 33 of Principal Act

9. Section 33 of the Principal Act is amended—

(a) in subsection (1)—

(i) by the insertion of the following paragraph after paragraph (b):

“(ba) the Competition and Consumer Protection Commission;”,

and

(ii) by the insertion of the following paragraph after paragraph (d):

“(da) an intermediary service provider;”,

(b) in subsection (2)—

(i) by the insertion of the following paragraph after paragraph (b):

“(ba) in the case of subsection (1)(ba), where the Commission considers that the disclosure is necessary and proportionate—

(i) for the effective implementation of the Digital Services Regulation, or

(ii) for the purposes of transferring a complaint or part of a complaint to the Competition and Consumer Protection Commission, where a complaint, or part of a complaint made under section 201 relates to a failure to comply with the Digital Services Regulation;”,

and

(ii) by the insertion of the following paragraph after paragraph (d):

“(da) in the case of subsection (1)(da), where the Commission considers that a complaint, or part of a complaint, made under section 201 is made in relation to an intermediary service provider, and the Commission considers that the disclosure is necessary and proportionate for the purposes of considering a complaint or part of a complaint made under that section;”,

(c) by the insertion of the following subsections after subsection (3):

“(3A) Where the Commission processes or discloses special categories of personal data in accordance with this section, it shall only do so where the Commission considers that the disclosure is necessary and proportionate in accordance with the Data Protection Regulation and the Act of 2018.

(3B) The Minister may make regulations prescribing suitable and specific measures for the processing of special categories of personal data under this section.

(3C) Where personal data processed by the Commission is required for the purposes of the prevention, investigation, detection or prosecution of a criminal offence, the data—

(a) may be processed for as long as it is required for such prevention, investigation, detection or prosecution, and

(b) shall be permanently deleted after it is no longer required for such prevention, investigation, detection or prosecution.”,

and

(d) by the insertion of the following subsection after subsection (9):

“(10) In this section—

‘Act of 2018’ means the Data Protection Act 2018;

‘special categories of personal data’ has the same meaning as it has in the Act of 2018;

‘suitable and specific measures’ means measures to be taken to safeguard the fundamental rights and freedoms of data subjects in processing the personal data of those data subjects and may include measures specified in section 36(1) of the Act of 2018.”.

S-10 Amendment of section 36 of Principal Act

10 Amendment of section 36 of Principal Act

10. Section 36 of the Principal Act is amended, in subsection (2)—

(a) by the insertion of the following paragraph after paragraph (b):

“(ba) the disclosure is made to the Competition and Consumer Protection Commission for the purposes of the Digital Services Regulation including where, in the opinion of the person making the disclosure, the information may relate to the commission of an offence under this Act,”,

and

(b) by the insertion of the following subsection after subsection (3):

“(3A) Notwithstanding any other enactment or rule of law, if information, in the opinion of any body or person referred to in paragraphs (b) to (d) of subsection (2), may relate to the commission of an offence under this Act, then the information may be disclosed by that person or body to—

(a) a Commissioner,

(b) a member of the staff of the Commission, or

(c) an authorised officer.”.

S-11 Professional secrecy under Digital Services Regulation

11 Professional secrecy under Digital Services Regulation

11. The Principal Act is amended by the insertion of the following section after section 36:

“36A.(1) Notwithstanding section 36 and without prejudice to the exchange and the use of information referred to in Chapter IV of the Digital Services Regulation, a Commissioner, a member of the staff of the Commission, a person working under the supervision of the Commission or any other person involved shall not contravene Article 84 of the Regulation.

(2) A person who, without reasonable excuse, contravenes subsection (1) shall be guilty of a category 3 offence.”.

S-12 Amendment of section 38 of Principal Act

12 Amendment of section 38 of Principal Act

12. Section 38 of the...

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