Digital Services Act 2024

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Number 2 of 2024

DIGITAL SERVICES ACT 2024

CONTENTS

PART 1

Preliminary and General

Section

1. Short title and commencement

2. Definitions

3. Regulations

4. Service of documents

5. Revocation

6. Expenses

PART 2

Amendment of Principal Act

7. Amendment of section 2 of Principal Act

8. Amendment of section 7 of Principal Act

9. Amendment of section 33 of Principal Act

10. Amendment of section 36 of Principal Act

11. Professional secrecy under Digital Services Regulation

12. Amendment of section 38 of Principal Act

13. Amendment of section 139Z of Principal Act

14. Amendment of section 139ZF of Principal Act

15. Interpretation (Part 8B)

16. Amendment of section 139ZI of Principal Act

17. Amendment of section 139ZJ of Principal Act

18. Notice of communication under Article 58(5)

19. Amendment of section 139ZK of Principal Act

20. Use of powers for other purposes of Digital Services Regulation

21. Insertion of sections 139ZLA and 139ZLB in Principal Act

22. Amendment of section 139ZM of Principal Act

23. Information about decision process following joint investigation to which Article 60 applies

24. Amendment of section 139ZN of Principal Act

25. Amendment of section 139ZP of Principal Act

26. Amendment of section 139ZR of Principal Act

27. Amendment of section 139ZS of Principal Act

28. Decision following joint investigation to which Article 60 applies

29. Amendment of section 139ZT of Principal Act

30. Amendment of section 139ZU of Principal Act

31. Amendment of section 139ZV of Principal Act

32. Amendment of section 139ZW of Principal Act

33. Amendment of section 139ZX of Principal Act

34. Amendment of section 139ZY of Principal Act

35. Insertion of Chapter 4A into Part 8B of Principal Act

36. Amendment of section 139ZZB of Principal Act

37. Insertion of sections 139ZZBA and 139ZZBB in Principal Act

38. Access blocking order where Digital Services Regulation infringed

39. Amendment of section 139ZZD of Principal Act

40. Other enforcement measures

41. Insertion of Part 15 in Principal Act

42. Amendment of Schedule 4 to Principal Act

PART 3

Competition and Consumer Protection Commission as Competent Authority for Digital Services Regulation for Articles 30 to 32 of the Digital Services Regulation

Chapter 1

Interpretation

43. Interpretation (Part 3)

Chapter 2

Functions of Competition and Consumer Protection Commission

44. Designation of Commission as competent authority in respect of Articles 30, 31 and 32 of Digital Services Regulation

45. Co-operation between Commission and Coimisiún na Meán

46. Construction of references for Act of 2014

47. Disclosure of personal data

48. Complaints to Commission concerning Digital Services Regulation

Chapter 3

Investigations

49. Commencement and terms of investigation

50. Investigatory powers: oral hearings

51. Use of investigatory powers for other purposes of Digital Services Regulation

52. Enforcement of investigatory powers by administrative financial sanctions

53. Enforcement of investigatory powers by daily payment penalty

54. Power to require provider to take interim measures

55. Report of authorised officer

56. Information about decision process following joint investigation to which Article 60 applies

57. Rules

58. Guidelines

59. Conduct of investigations

Chapter 4

Decision of Commission

60. Division of Commission

61. Action by Commission after receiving report

62. Decision by Commission

63. Decision following joint investigation to which Article 60 applies

64. Notice and publication of decision of Commission

Chapter 5

Administrative financial sanctions

65. Submissions and requests for information

66. Determination of amount of administrative financial sanction

67. Limitations on amount of administrative financial sanction

68. Appeal against decision

69. Circuit Court confirmation of decision

70. Treatment of amounts paid in respect of administrative financial sanctions

71. Reference on point of law to High Court

Chapter 6

Daily payment penalty under section 53: appeal and confirmation

72. Daily payment penalty under section 53: appeal and confirmation

Chapter 7

Notice to end contravention

73. Notice to end contravention

74. Daily payment for failure to comply with notice to end contravention

75. Daily payment penalty under section 74: appeal and confirmation

Chapter 8

Access blocking order

76. Further notice to end contravention

77. Access blocking order

Chapter 9

Other enforcement measures

78. Compliance notices

79. Power to enter into commitment agreement with provider

Chapter 10

Offences under Part 3

80. Categories of offences

81. Summary proceedings for offences under Part 3

PART 4

Miscellaneous

82. Amendment of section 24 of Act of 2014

83. Professional secrecy under Digital Services Regulation

84. Amendment of Online Safety and Media Regulation Act 2022

SCHEDULE

Oral Hearings

Acts Referred to

Broadcasting Act 2009 (No. 18)

Companies Act 2014 (No. 38)

Competition and Consumer Protection Act 2014 (No. 29)

Data Protection Act 2018 (No. 7)

Data Sharing and Governance Act 2019 (No. 5)

Interpretation Act 2005 (No. 23)

Online Safety and Media Regulation Act 2022 (No. 41)

Number 2 of 2024

DIGITAL SERVICES ACT 2024

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.

[11th February, 2024]

Be it enacted by the Oireachtas as follows:

¹ OJ L277, 27.10.2022, p. 1