Digital Services Act 2024

Construction of references for Act of 2014

46. Parts 1 and 2 of the Act of 2014 (other than sections 17 and 19) shall apply for the purposes of the Digital Services Regulation and this Part in relation to the functions of the Commission under this Part, subject to the following and any other necessary modifications:

(a) in sections 10(1)(d) and (e), 24, 35 and 36, references to the relevant statutory provisions shall be construed as including a reference to Part 3 of the Digital Services Act 2024;

(b) in section 10(1), as if the following paragraph were substituted for paragraph (c):

“(c) to carry out an investigation into any suspected breach of the Digital Services Regulation that may be occurring or has occurred, either—

(i) on its own initiative,

(ii) when requested to do so by Coimisiún na Meán,

(iii) in response to a complaint made to it by any person, or

(iv) to assist with an investigation conducted by the European Commission or a Member State Digital Services Coordinator or Member State competent authority;”;

(c) in section 18(1), the reference to functions under this Act shall be construed as including a reference to functions under Part 3 of the Digital Services Act 2024;

(d) in section 36(4), references to an investigation into an offence under any of the relevant statutory provisions (other than the Act of 2002) shall be construed as including references to an investigation into a suspected contravention (within the meaning of contravention in section 43 of the Digital Services Act 2024).