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the making
this Statutory Instrument was published in “Iris Oifigiúil”
31st December, 2024. The Minister for the Environment, Climate and Communications, in exercise
the powers conferred on him by section 3
the European Communities Act 1972 (No. 27
1972) and for the purposes
giving full effect to Chapters III, IV, V, VII and IX
Regulation (EU) 2022/868
the European Parliament and
the Council
30 May 20221 , hereby make the following regulations: Citation
2014” means the Competition and Consumer Protection Act 2014 (No. 29
2014); “authorised
ficer” has the same meaning as it has in the Act
2014; “competent authority” means the body designated as the competent authority under Regulation 3; “contravention notice” means a notice under Regulation 10
the European Parliament and
the Council
30 May 2022 on European data governance and amending Regulation (EU) 2018/1724 (Data Governance Act)1 ; “information notice” means a notice under Regulation 9
these Regulations and the EU Regulation, the Competition and Consumer Protection Commission is designated as the competent authority in the State for – (a) data intermediation services, and (b) the registration
data altruism organisations. Legal representative 4.
the EU Regulation or an entity referred to in Article 19
the EU Regulation shall designate a legal representative in a Member State in which it
fers services.
the data intermediation services provider or the entity concerned for the purposes
monitoring and ensuring compliance with the EU Regulation and these Regulations, including for the purpose
initiating proceedings under these Regulations. Notification for data intermediation services 5.
the EU Regulation shall submit the notification referred to in Article 11
the EU Regulation to the competent authority, in such form and manner as the competent authority may specify.
the EU Regulation, the competent authority may request the applicant to submit such additional information, as the competent authority considers necessary, within the period and in the manner specified by the competent authority. Register for recognised data altruism organisations 6.
recognised data altruism organisations.
the EU Regulation may submit an application to the competent authority for entry in the register.
the EU Regulation and be in such form and manner as the competent authority may specify.
the EU Regulation or if further documentation is required to demonstrate that the requirements
the EU Regulation are satisfied, the competent authority may request the applicant to submit such additional information, as the competent authority considers necessary, within the period and in the manner specified by the competent authority.
receipt
an application under paragraph
receipt
additional information pursuant to a request under paragraph
its decision to – (a) enter the data altruism organisation in the register where it satisfies the requirements
the EU Regulation, or (b) refuse the application for entry in the register.
– (
the competent authority.
the EU Regulation to the competent authority in respect
the previous year. Objectives
general interest 7. For the purposes
the EU Regulation and these Regulations, each
the following shall be regarded as an objective
general interest: (a) the improvement
health, whether
the population as a whole or
any part
the population; (b) the promotion
environmental sustainability, combating or adapting to climate change or conserving or enhancing the natural environment; (c) the improvement
transport or mobility
people and goods; (d) the development
ficial statistics (within the meaning
the Statistics Act 1993 (No. 21
1993)); (e) the improvement
public services; (f) the advancement
the arts, culture, heritage or science, including scientific research; (g) the advancement
community development and welfare, including education, social cohesion and support
those with needs associated with youth, older age, migration status, ill-health or disability; (h) any other objective that is
benefit to the community, society or the natural or physical environment. Construction
references 8. Sections 10
the Act
2014 shall apply for the purposes
these Regulations subject to the modification that references in those sections to the relevant statutory provisions shall be construed as a reference to these Regulations and to the EU Regulation in so far as the EU Regulation relates to a data intermediation services provider or a recognised data altruism organisation. Information notice 9.
ficer may give an information notice to a data intermediation services provider or to a recognised data altruism organisation which may require the person to give to the authorised
ficer, within such period and in such form as may be specified in the notice, any information specified in the notice that the authorised
ficer may reasonably require for the purposes
verifying compliance with the requirements
, IV or VII
the EU Regulation or these Regulations.
the right to appeal the notice under Regulation 12, (c) state that if the person to whom it is given fails to comply with the notice, that person commits an
fence, and (d) be signed and dated by the authorised
ficer.
ficer may – (
– (
– (a) the expiration
the period for making an appeal, or (b) the day specified in the notice. Contravention notice 10.
ficer who is
the opinion that a person is contravening or has contravened any provision
these Regulations or Chapter III, IV or VII
the EU Regulation may give a contravention notice to the person.
ficer shall, before giving the contravention notice, give notice
the proposal to the person and that notice shall contain a statement in summary form
the opinion
the authorised
ficer and a statement that the person may, within 30 days
receipt
the notice, make representations in writing to the authorised
ficer in relation to the proposal, and any such representations within that period shall be considered by the authorised
ficer in deciding whether to give the contravention notice.
the EU Regulation or these Regulations in respect
which the opinion is held, (c) direct the person to remedy the contravention by a date specified in the notice that shall not be earlier than the expiration
the period for making an appeal under Regulation 12, (d) inform the person
the requirement to confirm compliance with the contravention notice in accordance with paragraph
the right to appeal the contravention notice under Regulation 12, (
ficer, (h) state that if the person to whom it is given fails to comply with the contravention notice, that person commits an
fence, and (i) state, where the person to whom it is given is a recognised data altruism organisation, that if he or she fails to comply with the contravention notice, the competent authority may take the action specified in Regulation 11
the provision
the data intermediation service, (b) suspend the provision
the data intermediation service, or (c) cease the provision
the data intermediation service in the case
a serious contravention or where the provider has failed to comply with an earlier contravention notice.
the opinion that the contravention notice has been complied with shall confirm such compliance in writing to the authorised
ficer concerned.
ficer, on being satisfied that the person has complied with the notice, shall within one month
receipt
such confirmation, give notice to the person
compliance with the contravention notice.
ficer may – (
the authorised
ficer immediate action is necessary because
the gravity
the contravention with the requirements
the EU Regulation or these Regulations, the authorised
ficer may, notwithstanding paragraph
– (
– (a) the expiration
the period for making an appeal, or (b) the day specified in the notice. Removal from register 11.
its decision to – (
the competent authority. Appeal 12.
the Circuit Court and in determining the appeal the judge may, if he or she is satisfied that it is reasonable to do so, confirm, vary or cancel the notice.
the appeal and the grounds for the appeal and the competent authority shall be entitled to appear, be heard and adduce evidence at the hearing
the appeal.
the Circuit Court under paragraph
the High Court, an appeal from the decision shall lie to the High Court on a specified question
law. Order
High Court to direct compliance with contravention notice 13.
ficer may apply to the High Court for an order directing immediate compliance with the notice.
the EU Regulation.
ficer to investigate the complaint.
ficer may request a complainant to provide such additional information in relation to the complaint, within the period and in the manner specified in the request.
its decision in respect
the complaint and its actions, if any, taken in relation to the complaint, and (b)
the right to appeal under paragraph
the complaint is trivial, or (c) the complainant has failed to respond to a request for additional information under paragraph
the Circuit Court, on notice to the competent authority.
the Circuit Court under paragraph
the High Court, an appeal from the decision shall lie to the High Court on a specified question
law. Co-operation agreements 15.
the EU Regulation.
Regulation (EU) 2016/679
the European Parliament and
the Council
27 April 20162 ), in its possession if the information is required by that other party for the purposes
the performance by it
any
its functions.
the agreement to the Minister for the Environment, Climate and Communications and the Minister for Enterprise, Trade and Employment, and (b) may publish the agreement on a website maintained by or on behalf
the competent authority, with the consent
all parties to the agreement and subject to such redaction as may be agreed between them.
the following: (
Environment, Climate and Communications); (c) a body designated as competent authority in another Member State for the purposes
the EU Regulation. Service
notices 16.
the following ways: (
his or her consent to the notice (or notices
a class to which the notice belongs) being given to him or her in that manner.
this Regulation, a company formed and registered under the Companies Act 2014 or an existing company within the meaning
that Act shall be deemed to be ordinarily resident at its registered
fice and every other body corporate and every unincorporated body
persons shall be deemed to be ordinarily resident at its principal
fice or place
business.
fences and penalties 17.
the following shall be guilty
an
fence: (a) paragraphs
the EU Regulation; (b) Article 12
the EU Regulation; (c) Article 18
the EU Regulation; (d) paragraphs
the EU Regulation; (e) Article 20
the EU Regulation; (f) any paragraph
the EU Regulation; (g) paragraphs
the EU Regulation in so far as it relates to a data intermediation services provider or a recognised data altruism organisation; (
the EU Regulation by delegated act, a person who contravenes the requirements
that rulebook shall be guilty
an
fence.
an
fence.
fence for an organisation that is not a recognised data altruism organisation to refer to itself as such.
ficer or to the competent authority information which the person knows or ought reasonably to know to be false or misleading (whether on the person’s own behalf or on behalf
another person) in purported compliance with a requirement imposed by these Regulations, commits an
fence.
an
fence under paragraph
which a data intermediation services provider is convicted
an
fence under paragraph
a further
fence on every day on which the contravention continues and for each such
fence the person shall be liable, on summary conviction, to a class E fine.
fence under this Regulation may be brought and prosecuted by the competent authority.
the Petty Sessions (Ireland) Act 1851 , summary proceedings for an
fence under this Regulation may be brought – (a) within 12 months from the date on which the
fence was committed or alleged to have been committed, or (b) within 6 months from the date on which evidence first comes to the knowledge
the competent authority that is sufficient, in the opinion
the competent authority, to justify the bringing
the proceedings, whichever is the later, but no such proceedings shall be instituted later than 2 years from the date on which the
fence was committed or alleged to have been committed.
paragraph
the competent authority – (a) is admissible without proof
the signature or
ficial character
the person appearing to have signed the document, and (b) in the absence
evidence to the contrary, is proof
the matters certified in the document.
fence under these Regulations is committed by a body corporate and is proved to have been so committed with the consent or connivance
or to be attributable to any neglect on the part
any person, being a director, manager, secretary or other
ficer
the body corporate, or a person who was purporting to act in such capacity, that person shall, as well as the body corporate, be guilty
an
fence and shall be liable to be proceeded against and punished as if he or she were guilty
the first mentioned
fence.
a body corporate are managed by its members, paragraph
a member in connection with his or her functions
management as if he or she were a director or manager
the body corporate.
fence is committed under these Regulations and there is a legal representative in the State, proceedings may be brought in the area in which the legal representative ordinarily resides or carries on any profession, business or occupation. GIVEN under the
ficial Seal
the Minister for the Environment, Climate and Communications, 19 December, 2024. EAMON RYAN, Minister for the Environment, Climate and Communications. EXPLANATORY NOTE (This note is not part
the Instrument and does not purport to be a legal interpretation.) These Regulations give effect to provisions in Regulation (EU) 2022/868
the European Parliament and
the Council
30 May 2022 on European data governance and amending Regulation (EU) 2018/1724 (Data Governance Act). In particular, they establish a framework for the registration and oversight
data intermediation services providers described in Article 10 and data altruism organisations described in Article 18
the EU Regulation. 1 OJ No. L 152, 3.6.2022, p.
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AI explanation based on the official legal text. Indicative, not a substitute for legal advice.