Digital Services Act 2024

Digital Services Act 2024 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2024 Digital Services Act 2024 Digital Services Act 2024 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán 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: PART 1 Preliminary and General Short title and commencement 1. (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. 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 . Regulations 3. (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. Service of documents 4. (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. Revocation 5. Regulations 15 to 18 of the European Communities (Directive 2000/31/EC) Regulations 2003 ( S.I. No. 68 of 2003 ) are revoked. 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. PART 2 Amendment of Principal Act 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 on 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;”. 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.”. 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.”. 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.”. 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.”. Amendment of section 38 of Principal Act 12. Section 38 of the Principal Act is amended— (a) by the deletion of subsection (1), (b) in subsection (2), by the substitution of “any decision” for “any other decision”, and (c) in subsection (5)(a), by the substitution of “subsection (2)” for “subsection (1) or (2)”. Amendment of section 139Z of Principal Act 13. Section 139Z of the Principal Act is amended, in subsection (1)(c), by the substitution of “children” for “minors”. Amendment of section 139ZF of Principal Act 14. (1) Section 139ZF of the Principal Act is amended by the substitution of the following subsection for subsection (1): “(1) The Commission shall prepare, and may revise, an e-Commerce compliance strategy setting out its approach to ensuring that— (a) no requirements that are inconsistent with the limitations placed on the liability of intermediary service providers by Articles 4 to 6 of the Digital Services Regulation, and (b) no general obligation contrary to Article 8 of that Regulation to monitor the information intermediary service providers transmit or store, or actively to seek facts or circumstances indicating illegality, are imposed on those providers by virtue of online safety codes, online safety guidance materials or advisory notices.”. (2) The e-Commerce compliance strategy currently in operation on the commencement of subsection (1) shall continue to apply. Interpretation (Part 8B) 15. The Principal Act is amended by the substitution of the following section for section 139ZG: “139ZG. (1) In this Part— ‘authorised officer’ means a person appointed to be an authorised officer under section 139ZH(1), and ‘the authorised officer’, in relation to an investigation, means the authorised officer carrying out the investigation; ‘contravention’ means— (a) a failure to comply with section 46J, 46K, 46L, 46M(2) or (3), a media service code, a media service rule, section 46P(1) or (2), section 106(3), section 127(6), section 128B(1) or (2), any rules made under section 128C, an online safety code, section 159B(1) (or any rules made under section 159B(6)) or section 159C(1) (or any rules made under section 159C(3) or (6)), (b) an infringement by a relevant intermediary service provider of any of the designated provisions of the Digital Services Regulation, (c) anything for which section 139ZK(8A) or 139ZR(9A) or paragraph 14A of Schedule 4 provides that a person may be liable to an administrative financial sanction in accordance with this Part, or (d) anything for which section 139ZLB(10) or 139ZZGB(7) provides that a person may be liable to an administrative financial sanction in accordance with this Part; ‘designated provision’ in relation to the Digital Services Regulation means any of the provisions of the Regulation other than Article 30, 31 or 32 or Section 5 of Chapter III; ‘Digital Services investigation’ means an investigation where the suspected contravention falls within paragraph (b) of the definition of ‘contravention’; ‘inquiry subject’ in relation to an investigation or other proceedings under this Part, means the person whose contravention or suspected contravention is the subject of the investigation or other proceedings; ‘place’ includes— (a) a dwelling, (b) a building, (c) any other premises, and (d) a vehicle, vessel, aircraft, or other means of transport; ‘relevant equipment’ means, in relation to an investigation, any electronic, photographic, magnetic, optical or other equipment, including a computer, which may be used for processing or holding relevant material; ‘relevant intermediary service provider’ means any of the following: (a) an intermediary service provider whose main establishment is located in the State; (b) an intermediary service provider to which Article 13(1) applies and whose legal representative designated under that Article resides or is established in the State; (c) an intermediary service provider to which Article 13(1) applies, but which has failed to designate a legal representative under that Article; ‘relevant material’ means, in relation to an investigation, any document, information, or content, however communicated, recorded or stored, which may be relevant to the investigation; ‘very large online platform’ means an online platform designated by a decision of the European Commission under Article 33(4); ‘very large online search engine’ means an online search engine designated by a decision of the European Commission under Article 33(4). (2) A word or expression used in this Part that is also used in the Digital Services Regulation has, unless the context otherwise requires, the same meaning in this Part as it has in that Regulation. (3) Unless the context otherwise requires, a reference in this Part to a numbered Article is a reference to the Article so numbered of the Digital Services Regulation.”. Amendment of section 139ZI of Principal Act 16. Section 139ZI of the Principal Act is amended by the insertion of the following subsections after subsection (3): “(4) Where the provider of a very large online platform or very large online search engine would be the inquiry subject, no direction may be given under subsection (1) in relation to a contravention that is an infringement of the Digital Services Regulation if the European Commission has initiated proceedings for the same infringement. (5) Where the suspected contravention is an infringement of the Digital Services Regulation by a person falling within paragraph (c) of the definition of ‘relevant intermediary service provider’ in section 139ZG, a direction may be given under subsection (1) only if— (a) the Commission has given the notification required by Article 56(7), and (b) no notification under Article 56(7) referring to the same infringement has been given by the European Commission or a Member State Digital Services Coordinator, or any that has been given has been withdrawn. (6) Where a direction is given under subsection (1) and the suspected contravention is an infringement of the Digital Services Regulation, the Commission shall notify— (a) the European Commission, (b) the European Board for Digital Services, and (c) each Member State Digital Services Coordinator.”. Amendment of section 139ZJ of Principal Act 17. Section 139ZJ of the Principal Act is amended— (a) by the substitution of “inquiry subject” for “provider” in each place where it occurs, and (b) by the insertion of the following subsection after subsection (3): “(4) In the case of an investigation pursuant to a direction under section 139ZI(1) which is a joint investigation to which Article 60 applies, the authorised officer shall also give the inquiry subject notice in writing of— (a) the Member State Digital Services Coordinators or other Member State competent authorities participating in the investigation, and (b) the deadline for the conclusion of the investigation.”. Notice of communication under Article 58(5) 18. The Principal Act is amended by the insertion of the following section after section 139ZJ: “139ZJA. Where, at any time after the commencement of an investigation pursuant to a direction under section 139ZI(1), the Commission makes a communication under Article 58(5) relating to the suspected contravention which is the subject of the investigation, the Commission shall as soon as is practicable give the inquiry subject notice in writing that the communication has been made.”. Amendment of section 139ZK of Principal Act 19. Section 139ZK of the Principal Act is amended— (a) in subsection (1)— (i) by the insertion of “pursuant to a direction under section 139ZI(1)” after “For the purposes of an investigation”, (ii) by the substitution of “may, subject to subsection (1A), do any of the following” for “may do any of the following”, (iii) in paragraph (a), by the insertion of “except in the case of an investigation to which paragraph (aa) applies,” before “subject to”, (iv) by the insertion of the following paragraph after paragraph (a): “(aa) in the case of a Digital Services investigation, or an investigation where the suspected contravention falls within paragraph (c) or (d) of the definition of ‘contravention’ in section 139ZG, subject to subsection (7), at any reasonable time, enter any place that the authorised officer has reasonable grounds for believing is used— (i) by the inquiry subject for purposes related to the inquiry subject’s trade, business, craft or profession, or (ii) by a relevant person for purposes related to that person’s trade, business, craft or profession;”, (v) in paragraph (b), by the substitution of “(a) or (aa)” for “(a)”, (vi) in paragraph (c), by the substitution of “(a), (aa) or (b)” for “(a) or (b)”, and (vii) in paragraph (g), by the substitution of “a designated online service or an intermediary service” for “or a designated online service”, (b) by the insertion of the following subsections after subsection (1): “(1A) In the case of a Digital Services investigation, or an investigation where the suspected contravention falls within paragraph (c) or (d) of the definition of ‘contravention’ in section 139ZG, a requirement under paragraph (d), (e), (f), (g), (h), (j) or (n) of subsection (1) may be imposed only on the following persons: (a) the inquiry subject; (b) a relevant person; (c) a member of staff or representative, or former member of staff or representative, of the inquiry subject or a relevant person. (1B) In paragraph (aa) of subsection (1) and in subsection (1A), ‘relevant person’ means a person acting for purposes related to the person’s trade, business, craft or profession who may reasonably be aware of information relating to the suspected contravention.”, (c) in subsection (2), by the substitution of “(j) of subsection (1)” for “(j)”, (d) in subsection (3), by the substitution of “an investigation pursuant to a direction under section 139ZI(1)” for “the investigation”, and (e) by the insertion of the following subsections after subsection (8): “(8A) Without prejudice to subsection (8), a person may, subject to subsection (8B), be liable to an administrative financial sanction in accordance with this Part if in the course of a Digital Services investigation he or she— (a) obstructs an authorised officer in the exercise of his or her powers under subsection (1)(aa), (b) or (c), (b) fails or refuses to comply with a requirement of an authorised officer under subsection (1)(d), (e), (f) or (g), (c) in purported compliance with a requirement under this section, gives to an authorised officer information which is false or misleading in a material respect, or (d) fails to rectify— (i) any failure on his or her part to comply with a requirement of an authorised officer under subsection (1)(d), (e), (f) or (g), or (ii) any information which he or she has given to an authorised officer in purported compliance with a requirement under this section and which is false or misleading in a material respect. (8B) Where, in the course of a Digital Services investigation, a person other than the inquiry subject does an act or makes an omission referred to in any paragraph of subsection (8A), that subsection does not authorise the imposition of an administrative financial sanction on that person unless, before the act or omission occurred, the person was given in reasonable time by notice in writing by an authorised officer all relevant information relating to the exercise of the power, or to the request or requirement, referred to in that paragraph, including information about— (a) the time within which the person was required to comply with the exercise of the power or with the request or the requirement, (b) the maximum amount of the administrative financial sanction that could be imposed on the person, and (c) the effect of section 139ZS(2), and the sections referred to there, in relation to the imposition of an administrative financial sanction.”. Use of powers for other purposes of Digital Services Regulation 20. The Principal Act is amended by the insertion of the following section after section 139ZK: “139ZKA. (1) A person authorised by the Commission, under subsection (2), may direct an authorised officer to exercise powers under section 139ZK, as that section applies in accordance with subsection (3), for the purpose of assisting the Commission to perform its functions— (a) under Article 57(2) in relation to an investigation by a Member State Digital Services Coordinator or other Member State competent authority, (b) under Article 60(4) in relation to a joint investigation led by a Member State Digital Services Coordinator, or (c) under Article 66(3) in relation to an investigation conducted by the European Commission. (2) The Commission may authorise any Commissioner or member of its staff for the purposes of subsection (1). (3) Where a direction is given under subsection (1), sections 139ZK and 139ZL apply for the purposes referred to in that subsection as they apply in relation to a Digital Services investigation. (4) Before exercising powers under section 139ZK as applied by subsection (3), an authorised officer shall give the inquiry subject a notice in writing which— (a) identifies the investigation or exercise of investigative powers referred to in subsection (1), and (b) states that the powers may be exercised by an authorised officer for the purposes of the investigation.”. Insertion of sections 139ZLA and 139ZLB in Principal Act 21. The Principal Act is amended by the insertion of the following sections after section 139ZL: “Enforcement of investigatory powers by daily payment penalty 139ZLA. (1) A penalty of a daily payment (in this section referred to as a ‘daily payment penalty’) may be imposed on a person in accordance with this section for the purpose of enforcing an obligation imposed on that person by an authorised officer in the exercise, in a Digital Services investigation, of any power conferred on the authorised officer by section 139ZK. (2) Where it appears to an authorised officer to be necessary to impose a daily payment penalty on a person, the authorised officer may give the person a notice in writing which— (a) specifies the obligation referred to in subsection (1) in respect of which the notice is given, (b) gives the person all relevant information relating to the obligation, (c) states the date by which the person must comply with the obligation, (d) states that, if the person fails to comply with the obligation by that date, the authorised officer intends to refer the matter to the Commission for a decision whether to impose a daily payment penalty on the person, for each day during which the failure continues, beginning with the day following that date, (e) states why it appears to the authorised officer to be necessary to impose the penalty, (f) states the maximum daily amount of the penalty that the Commission may impose, and (g) invites the person to make written submissions to the Commission regarding the matters to which the notice relates within the period specified in the notice or such further period as the Commission may allow. (3) The date specified under subsection (2)(c) may not be earlier than the date on which the notice under subsection (2) is given. (4) The amount of a penalty imposed under this section on a person for each day, during which the failure referred to in subsection (2)(d) continues, shall not exceed 5 per cent of the person’s average daily income or turnover in the preceding financial year. (5) Where it appears to an authorised officer that the person to whom a notice under subsection (2) has been given has failed to comply with the obligation specified in the notice by the date specified under subsection (2)(c), the authorised officer may refer the matter to the Commission. (6) Where a matter is referred to the Commission under subsection (5) and it appears to the Commission, after considering any written submissions made by the person to whom the notice under subsection (2) was given within the period specified in accordance with subsection (2)(g), that it is necessary to impose a daily payment penalty on the person for the purpose of enforcing the obligation specified in the notice, the Commission may— (a) determine the daily amount of the penalty to be imposed, and the date on which it is to commence, and (b) by notice in writing to the person, impose the penalty. (7) The functions of the Commission under this section (except this subsection) shall be exercised by a division of the Commission consisting of such uneven number of Commissioners, not being less than 3, as the Commission may determine. (8) If the person who gave the direction under section 139ZI for the investigation referred to in subsection (1) to be carried out is a Commissioner, the division exercising functions under this section shall not include that Commissioner. (9) A decision of the Commission to impose a daily payment penalty does not take effect unless it is confirmed on appeal under section 139ZX or on summary application under section 139ZY, as those sections apply in accordance with section 139ZZAA. Power to require intermediary service provider to take interim measures 139ZLB. (1) Where in the course of a Digital Services investigation it appears to the Commission from information provided by an authorised officer— (a) that there is prima facie evidence— (i) that the inquiry subject has committed a contravention which is an infringement of the Digital Services Regulation, and (ii) that the contravention is continuing, (b) that the suspected contravention gives rise to a risk of serious harm occurring before a decision in relation to the suspected contravention could be made under section 139ZS, and (c) that measures could be taken by the inquiry subject that would avoid or reduce that risk, the Commission may, by notice in writing to the inquiry subject, require the inquiry subject to take those measures by a date stated in the notice. (2) A notice under subsection (1) shall— (a) state the suspected contravention, (b) state the grounds on which it appears to the Commission that there is prima facie evidence that the suspected contravention has occurred and is continuing, and (c) state the grounds on which it appears to the Commission that the suspected contravention gives rise to a risk of serious harm occurring before a decision in relation to the suspected contravention could be made under section 139ZS. (3) A notice under subsection (1) ceases to have effect on the earliest of the following to occur: (a) the taking of a decision under section 139ZS in relation to the suspected contravention; (b) the discontinuance of the investigation referred to in subsection (1); (c) the revocation of the notice by the Commission. (4) The functions of the Commission under this section (except this subsection) shall be exercised by a division of the Commission consisting of such uneven number of Commissioners, not being less than 3, as the Commission may determine. (5) If the person who gave the direction under section 139ZI for the investigation referred to in subsection (1) to be carried out is a Commissioner, the division exercising functions under this section shall not include that Commissioner. (6) A person who, without reasonable excuse, fails to comply with a notice under subsection (1) shall be guilty of a category 1 offence. (7) Where an offence has been committed under subsection (6) by a body corporate and the offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, a person who was either a director, manager, secretary or other officer of the body corporate, or a person purporting to act in such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the offence committed by the body corporate. (8) Where the affairs of a body corporate are managed by its members, subsection (7) applies in relation to the acts or defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate. (9) Any proceedings, including summary proceedings, under subsection (7) shall not be instituted except by or with the consent of the Director of Public Prosecutions. (10) Without prejudice to subsection (6), a person who fails to comply with a notice under subsection (1) may be liable to an administrative financial sanction in accordance with this Part.”. Amendment of section 139ZM of Principal Act 22. Section 139ZM of the Principal Act is amended— (a) by the substitution of “inquiry subject” for “provider” in each place where it occurs, (b) in subsection (1), by the insertion of “pursuant to a direction under section 139ZI(1)” after “an investigation”, (c) in subsection (2)— (i) in paragraph (d), by the substitution of “section 139ZK,” for “section 139ZK, and”, (ii) in paragraph (e), by the substitution of “section 139ZK,” for “section 139ZK.”, and (iii) by the insertion of the following paragraphs after paragraph (e): “(f) in the case of a Digital Services investigation which is a joint investigation, anything of a similar nature to the material, equipment, statements, admissions and submissions referred to in paragraphs (c) to (e), obtained by any participating Member State Digital Services Coordinator or other Member State competent authority, and (g) any views communicated by the European Commission under Article 59(3).”, (d) in subsection (6), by the substitution of “and any views to which subsection (7A) applies to the inquiry subject” for “to the provider”, (e) in subsection (7), by the substitution of “, any submissions made in accordance with a notice under subsection (3)(d), and any views to which subsection (7A) applies” for “and any submissions made under subsection (3)(d)”, (f) by the insertion of the following subsection after subsection (7): “(7A) This subsection applies, in the case of a report under this section, to— (a) any views communicated by the European Commission under Article 59(3) in relation to the matter to which the report relates, and (b) any views of Member State Digital Services Coordinators that Article 60(2) requires to be taken into account in relation to that matter.”, (g) in subsection (8), by the substitution of “any submissions made in accordance with a notice under subsection (3)(d), and any views to which subsection (7A) applies” for “and any such submissions”, and (h) by the substitution of the following subsection for subsection (9): “(9) A person who receives a final report or any submissions or views under subsection (8) shall not, without the prior authorisation of the Commission, disclose the existence or the content of the report or those submissions or views to any other person.”. Information about decision process following joint investigation to which Article 60 applies 23. The Principal Act is amended by the insertion of the following section after section 139ZM: “139ZMA. In the case of an investigation pursuant to a direction under section 139ZI(1) which is a joint investigation to which Article 60 applies, the authorised officer shall, not later than the time when he or she provides a final report in compliance with section 139ZM(6), inform the inquiry subject of the effect of section 139ZSA.”. Amendment of section 139ZN of Principal Act 24. Section 139ZN of the Principal Act is amended— (a) by the substitution of the following subsection for subsection (1): “(1) Subject to the provisions of this Part and Schedule 4, the Commission may make rules providing for the conduct of investigations under this Chapter, the exercise of powers under section 139ZK as applied by section 139ZKA, and the conduct of its proceedings under Chapters 3 and 4.”, and (b) by the substitution of the following subsection for subsection (2): “(2) In making rules under subsection (1), the Commission shall have regard to the need for fairness and efficiency in the conduct of such investigations and proceedings and the exercise of such powers, in particular the need to address conflicts of interest which may arise in investigations or proceedings or the exercise of powers.”. Amendment of section 139ZP of Principal Act 25. Section 139ZP of the Principal Act is amended— (a) in subsection (1), by the substitution of “conduct of an investigation, or the exercise of powers under section 139ZK as applied by section 139ZKA,” for “conduct of an investigation”, and (b) in subsection (2), by the substitution of “inquiry subject” for “provider”. Amendment of section 139ZR of Principal Act 26. Section 139ZR of the Principal Act is amended— (a) by the substitution of “inquiry subject” for “provider” in each place where it occurs, (b) in subsection (1), by the substitution of the following paragraph for paragraph (b): “(b) a notice in writing stating that the inquiry subject may make submissions in writing to the Commission on the final report and any views to which section 139ZM(7A) applies within the period of 28 days from the date the inquiry subject receives the notice or views, or such further period as the Commission may allow.”, (c) in subsection (2), by the substitution of “the final report and any views to which section 139ZM(7A) applies” for “the final report”, (d) in subsection (4)— (i) in paragraph (c), by the insertion of “or in an oral hearing under paragraph (d)” after “paragraph (b)”, and (ii) in paragraph (d), by the insertion of “in accordance with Schedule 4” after “hearing”, (e) by the insertion of the following subsections after subsection (6): “(6A) Where, after the authorised officer has complied with subsections (6) and (7) of section 139ZM, the European Commission under Article 59(3) communicates its views and requests the matter to be reviewed, the Commission— (a) shall give the inquiry subject notice in writing of those views and the request, and (b) may, following the review, take any action that appears to it to be necessary to ensure compliance with the Digital Services Regulation, which may include referring the matter back to the authorised officer to reopen the investigation. (6B) Where an investigation is reopened in accordance with subsection (6A)(b), this Part applies as if references to the final report on the investigation were references to the final report on the reopened investigation, but that does not affect anything done before the reopening of the investigation.”, and (f) by the insertion of the following subsection after subsection (9): “(9A) Without prejudice to subsections (8) and (9), a person may be liable to an administrative financial sanction in accordance with this Part if, in a case where the report referred to in subsection (1)(b) relates to a Digital Services investigation, the person— (a) fails to comply with a request for further information under subsection (4)(a) or (b), (b) in purported compliance with a request for further information under subsection (4)(a) or (b), gives to the Commission information which the person knows to be false or misleading in any material respect, or (c) fails to rectify— (i) any failure on his or her part to comply with a request for further information under subsection (4)(a) or (b), or (ii) any information which he or she has given to the Commission in purported compliance with a requirement under subsection (4)(a) or (b) and which is false or misleading in a material respect.”. Amendment of section 139ZS of Principal Act 27. Section 139ZS of the Principal Act is amended— (a) by the substitution of “person” for “provider” in each place where it occurs, and (b) in subsection (3), by the substitution of the following paragraph for paragraph (a): “(a) the final report provided under subsection (7) of section 139ZM and any submissions or views provided with the report in accordance with that subsection,”. Decision following joint investigation to which Article 60 applies 28. The Principal Act is amended by the insertion of the following section after section 139ZS: “139ZSA. (1) A decision under section 139ZS, where the report referred to in subsection (1) of that section relates to a joint investigation to which Article 60 applies, constitutes the preliminary position referred to in that Article, and (subject to subsections (5) to (7)) sections 139ZT, 139ZU and 139ZV do not apply in relation to the decision. (2) As soon as is practicable after making a decision to which subsection (1) applies, the Commission shall give notice in writing of the decision to the inquiry subject. (3) A notice under subsection (2) shall— (a) set out the decision and the reasons for it, and (b) state the effect of subsections (1) and (5) to (7). (4) Where the Commission makes a communication under Article 60(2) in relation to a decision to which subsection (1) applies, the Commission shall as soon as is practicable give the inquiry subject notice in writing that the communication has been made. (5) If in relation to a decision to which subsection (1) applies— (a) no referral is made under Article 60(3), or (b) following a referral, the European Commission does not make a request under Article 59(3) for the matter to be reviewed, the Commission shall adopt the decision as its final decision. (6) If, in relation to a decision to which subsection (1) applies, the European Commission makes a request under Article 59(3) for the matter to be reviewed, the Commission may, following the review and subject to Article 59(3), do any of the following: (a) adopt the decision as its final decision; (b) request a person authorised under section 139ZI(2) to give a direction under subsection (1) of that section for a new investigation; (c) take any other action that appears to the Commission to be necessary to ensure compliance with the Digital Services Regulation. (7) Where the Commission adopts a decision to which subsection (1) applies as its final decision, sections 139ZT, 139ZU and 139ZV shall apply in relation to the decision.”. Amendment of section 139ZT of Principal Act 29. Section 139ZT of the Principal Act is amended— (a) by the substitution of the following subsection for subsection (1): “(1) The Commission shall, as soon as is practicable after making a decision under section 139ZS, give notice in writing of the decision to the inquiry subject.”, (b) by the substitution, other than in subsection (6), of “inquiry subject” for “provider” in each place where it occurs, (c) by the insertion of the following subsections after subsection (5): “(5A) Subsection (5) does not apply to a decision where the suspected contravention falls within paragraph (c) of the definition of ‘contravention’ in section 139ZG. (5B) Where the decision referred to in subsection (1) relates to a contravention falling within paragraph (b) or (d) of the definition of ‘contravention’ in section 139ZG, the Commission shall provide a copy of the notice referred to in that subsection to— (a) the European Commission, (b) the European Board for Digital Services, and (c) each Member State Digital Services Coordinator.”, and (d) in subsection (6), by the substitution of “any other person” for “a person other than the provider”. Amendment of section 139ZU of Principal Act 30. Section 139ZU of the Principal Act is amended— (a) by the substitution, other than in subsection (3), of “person” for “provider” in each place where it occurs, (b) by the substitution of the following subsection for subsection (3): “(3) Where a person makes submissions to the Commission under subsection (2)(b), the Commission may by notice in writing request the person to provide, within a specified period, such further information as the Commission considers appropriate for the purposes of determining the amount of the sanction.”, and (c) by the substitution of the following subsection for subsection (4): “(4) A person who— (a) without reasonable excuse fails to comply with a request under subsection (3), or (b) in purported compliance with a request under subsection (3), gives to the Commission information which the person knows to be false or misleading in any material respect, shall be guilty of a category 2 offence.”. Amendment of section 139ZV of Principal Act 31. Section 139ZV of the Principal Act is amended, in subsection (3), by the substitution of “inquiry subject” for “provider”. Amendment of section 139ZW of Principal Act 32. Section 139ZW of the Principal Act is amended— (a) by the substitution of the following subsection for subsection (1): “(1) In the case of a contravention falling within paragraph (a) of the definition of ‘contravention’ in section 139ZG— (a) where the inquiry subject is an individual, the amount of an administrative financial sanction imposed under section 139ZS shall not exceed €20,000,000, but shall not be such as would be likely to cause the inquiry subject to be adjudicated bankrupt, and (b) where the inquiry subject is not an individual, the amount of an administrative financial sanction imposed under section 139ZS shall not exceed— (i) €20,000,000, or (ii) if greater, 10 per cent of the relevant turnover of the inquiry subject in the financial year preceding the date of the decision under section 139ZS to impose the sanction, but shall not be such as would be likely to cause the inquiry subject to cease trading.”, (b) by the insertion of the following subsections after subsection (1): “(1A) In the case of a contravention falling within paragraph (b) or (d) of the definition of ‘contravention’ in section 139ZG, the amount of an administrative financial sanction imposed under section 139ZS shall not exceed 6 per cent of the turnover of the inquiry subject in the financial year preceding the date of the decision under section 139ZS to impose the sanction. (1B) In the case of a contravention falling within paragraph (c) of the definition of ‘contravention’ in section 139ZG, the amount of an administrative financial sanction imposed under section 139ZS shall not exceed one per cent of the income or turnover of the inquiry subject in the financial year preceding the date of the decision under section 139ZS to impose the sanction.”, (c) in subsection (2)— (i) by the substitution of “subsection (1)(b)(ii)” for “subsection (1)(b)”, and (ii) by the deletion of “of the provider”, (d) in subsection (3)— (i) by the substitution, other than in paragraphs (e) and (k), of “inquiry subject” for “provider” in each place where it occurs, (ii) in paragraph (e), by the substitution of “by the inquiry subject, or by any other person in which the inquiry subject” for “by the provider or by any person in which that provider”, (iii) in paragraph (k)— (I) by the substitution of “in the case of a body corporate, the extent to which” for “the extent to which”, and (II) by the substitution of “body” for “provider”, (iv) in paragraph (l), by the substitution of “income or turnover” for “turnover”, and (v) by the insertion of the following paragraph after paragraph (l): “(la) any views communicated by the European Commission under Article 59(3) that are relevant to the amount of the sanction;”, (e) in subsection (4), by the substitution of the following paragraph for paragraph (b): “(b) be set with a view to deterring the inquiry subject, and, where the inquiry subject is a provider of broadcasting services, audiovisual on-demand media services, designated online services or intermediary services, other such providers, from committing a contravention.”, and (f) by the deletion of subsection (5). Amendment of section 139ZX of Principal Act 33. Section 139ZX of the Principal Act is amended— (a) by the deletion of subsection (2), (b) by the substitution, other than in subsection (3), of “inquiry subject” for “provider” in each place where it occurs, and (c) in subsection (3)— (i) by the substitution of “the application of the inquiry subject” for “the application of a provider to whom a decision under section 139ZS relates”, and (ii) in paragraph (b), by the substitution of “the control of the inquiry subject” for “the control of the provider”. Amendment of section 139ZY of Principal Act 34. Section 139ZY of the Principal Act is amended— (a) in subsection (1), by the substitution of “inquiry subject” for “provider” in each place where it occurs, and (b) in subsection (4), by the substitution of “The inquiry subject” for “A provider”. Insertion of Chapter 4A into Part 8B of Principal Act 35. Part 8B of the Principal Act is amended by the insertion of the following Chapter after Chapter 4: “CHAPTER 4A Daily payment penalty under section 139ZLA: appeal and confirmation Daily payment penalty under section 139ZLA: appeal and confirmation 139ZZAA. (1) A person to whom a notice under section 139ZLA(6) is given may, within 28 days from the date on which the notice is received, appeal to the High Court against the decision to impose the daily payment penalty. (2) Subsections (3) to (7) and (9) of section 139ZX apply for the purposes of an appeal under this section as they apply for the purposes of an appeal by the inquiry subject under that section subject to the following and any other necessary modifications: (a) references to an administrative financial sanction are references to a daily payment penalty under section 139ZLA; (b) references to the appropriate court are references to the High Court. (3) Where the person to whom a notice under section 139ZLA(6) is given does not appeal in accordance with subsection (1) against the decision to impose a daily payment penalty, the Commission shall, as soon as is practicable after the expiration of the period referred to in subsection (1), and on notice to that person, make an application in a summary manner to the Circuit Court for confirmation of the decision. (4) Section 139ZY(2) to (8) apply for the purposes of an application under subsection (3) subject to the following and any other necessary modifications: (a) the reference to an administrative financial sanction is a reference to a daily payment penalty under section 139ZLA; (b) references to an appeal under section 139ZX(1) are references to an appeal under subsection (1) of this section; (c) references to section 139ZY(1) are references to subsection (3) of this section.”. Amendment of section 139ZZB of Principal Act 36. Section 139ZZB of the Principal Act is amended— (a) in subsection (1), by the substitution of “the inquiry subject directing the inquiry subject” for “provider the subject of the decision directing him or her”, (b) in subsection (2), by the substitution of “inquiry subject” for “provider”, (c) in subsection (4), by the substitution of “person” for “provider”, and (d) in subsection (5), by the substitution of “by a body corporate” for “by a provider of a designated online service that is a body corporate”. Insertion of sections 139ZZBA and 139ZZBB in Principal Act 37. The Principal Act is amended by the insertion of the following sections after section 139ZZB: “Daily payment for failure to comply with notice to end contravention 139ZZBA. (1) Where the Commission gives a notice under section 139ZZB to an intermediary service provider in respect of a contravention that is an infringement of the Digital Services Regulation, the Commission may, for the purpose of enforcing the notice, impose a penalty of a daily payment (in this section referred to as a ‘daily payment penalty’) on the provider. (2) Before the Commission makes a decision to impose a daily payment penalty on a provider, the Commission shall give the provider a notice in writing which— (a) states that if the provider fails to take the steps stated under section 139ZZB(2)(a) by a date specified in the notice under this subsection, the Commission intends to impose a daily payment penalty on the provider for each day during which the failure continues, beginning with the day following that date, (b) states why it appears to the Commission to be necessary to impose the penalty, (c) states the maximum daily amount of the penalty that the Commission may impose, and (d) invites the provider to make written submissions to the Commission, regarding the matters to which the notice relates within the period specified in the notice or such further period as the Commission may allow. (3) The date specified under subsection (2)(a)— (a) may not be earlier than the end of the period specified under section 139ZZB(2)(b), and (b) may not be earlier than the date on which the notice under subsection (2) is given. (4) The amount of a penalty imposed under this section shall not exceed, for each day during which the failure referred to in subsection (2)(a) continues, 5 per cent of the provider’s average daily turnover in the preceding financial year. (5) Where the intermediary service provider fails to take the steps stated under section 139ZZB(2)(a) by the date specified in the notice under subsection (2), the Commission, after considering any written submissions made by the provider within the period referred to in subsection (2)(d), may— (a) determine the daily amount of the penalty to be imposed, and the date on which it is to commence, and (b) by notice in writing to the provider, impose the penalty. (6) A decision of the Commission to impose a daily payment penalty under this section does not take effect unless it is confirmed on appeal under section 139ZX or on summary application under section 139ZY, as those sections apply in accordance with section 139ZZBB. Daily payment penalty under section 139ZZBA: appeal and confirmation 139ZZBB. (1) The provider to whom a notice under section 139ZZBA(5) is given may, within 28 days from the date on which the notice is received, appeal to the High Court against the decision to impose the daily payment penalty. (2) Subsections (3) to (7) and (9) of section 139ZX apply for the purposes of an appeal by a provider under this section, as they apply for the purposes of an appeal by the inquiry subject under subsection (1) of that section, subject to the following and any other necessary modifications: (a) references to an administrative financial sanction are references to a daily payment penalty under section 139ZZBA; (b) references to the appropriate court are references to the High Court. (3) Where the provider to whom a notice under section 139ZZBA(5) is given does not appeal in accordance with subsection (1) against the decision to impose a daily payment penalty, the Commission shall, as soon as is practicable after the expiration of the period referred to in subsection (1), and on notice to the provider, make an application in a summary manner to the Circuit Court for confirmation of the decision. (4) Section 139ZY(2) to (8) apply for the purposes of an application under subsection (3) subject to the following and any other necessary modifications: (a) references to an appeal under section 139ZX(1) are references to an appeal under subsection (1) of this section; (b) references to section 139ZY(1) were references to subsection (3) of this section.”. Access blocking order where Digital Services Regulation infringed 38. Part 8B of the Principal Act is amended by the insertion of the following Chapter after Chapter 6: “CHAPTER 6A Access blocking order where Digital Services Regulation infringed Further notice to end infringement of Digital Services Regulation 139ZZCA. (1) Where the Commission has given a notice under section 139ZZB to an intermediary service provider in respect of a contravention that is an infringement of the Digital Services Regulation, and it appears to the Comm …