Digital Services Act 2024

Professional secrecy under Digital Services Regulation

83. The Act of 2014 is amended by the insertion of the following section after section 25:

“25A. (1) Notwithstanding section 25 and without prejudice to the exchange and use of information referred to in Chapter IV of the Digital Services Regulation, an authorised officer, a member of staff of the Commission, a member of the Commission, a person engaged by the Commission in any other capacity 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 an offence and shall be liable, on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or both.

(3) In this section, ‘Digital Services Regulation’ means Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 20225 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act).”.

5 OJ L277, 27.10.2022, p. 1