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

Section 1

Section 2

Section 3

Section 4

Section 5

Section 6

PART 2

Amendment of Principal Act

Section 7

Section 8

Section 9

Section 10

Section 11

Section 12

Section 13

Section 14

Section 15

Section 16

Section 17

Section 18

Section 19

Section 20

Section 21

Section 22

Section 23

Section 24

Section 25

Section 26

Section 27

Section 28

Section 29

Section 30

Section 31

Section 32

Section 33

Section 34

Section 35

Section 36

Section 37

Section 38

Section 39

Section 40

Section 41

Section 42

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

Section 43

Chapter 2

Functions of Competition and Consumer Protection Commission

Section 44

Section 45

Section 46

Section 47

Section 48

Chapter 3

Investigations

Section 49

Section 50

Section 51

Section 52

Section 53

Section 54

Section 55

Section 56

Section 57

Section 58

Section 59

Chapter 4

Decision of Commission

Section 60

Section 61

Section 62

Section 63

Section 64

Chapter 5

Administrative financial sanctions

Section 65

Section 66

Section 67

Section 68

Section 69

Section 70

Section 71

Chapter 6

Daily payment penalty under section 53: appeal and confirmation

Section 72

Chapter 7

Notice to end contravention

Section 73

Section 74

Section 75

Chapter 8

Access blocking order

Section 76

Section 77

Chapter 9

Other enforcement measures

Section 78

Section 79

Chapter 10

Offences under Part 3

Section 80

Section 81

PART 4

Miscellaneous

Section 82

Section 83

Section 84

PART 1

Preliminary and General Short title and commencement 1. (1) This Act may be cited as the Digital Services Act 2024.

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.

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.

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.

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.”.

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).

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.

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.

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.

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.

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.

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.

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.

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.

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 Commission that— (a) the provider has failed to comply with the notice within the period specified under section 139ZZB(2), (b) the contravention is continuing, (c) the other powers of the Commission pursuant to Article 51 to put an end to the contravention have been exhausted, and (d) the contravention is causing serious harm that cannot be avoided through the exercise of other powers, the Commission may, by notice in writing to the provider, request the management body of the provider to consider the steps required by the notice under section 139ZZB and to propose what steps the provider should now be required to take to put an end to the contravention, and within what period.

Access blocking order in case of infringement of Digital Services Regulation 139ZZCB. (1) Where— (a) the management body of an intermediary service provider fails to make a proposal in accordance with a notice under section 139ZZCA(1), (b) the Commission gives an intermediary service provider a notice under subsection (3) of section 139ZZCA, and the period referred to in paragraph (b) of that subsection expires without the Commission being satisfied that the contravention has ended, or (c) the European Commission makes a request to the Commission pursuant to Article 82(1) in respect of the provider of a very large online platform or very large online search engine, the Commission may apply to the High Court for an order requiring a relevant intermediary service provider (referred to in this section as the provider of the ‘carrying service’) to block access in the State to an intermediary service (referred to in this section as the ‘subject service’) provided by the provider referred to in paragraph (a), (b) or (c).

Amendment of section 139ZZD of Principal Act 39. Section 139ZZD of the Principal Act is amended, in subsection (5), by the substitution of “Article 8 of the Digital Services Regulation” for “Article 15 of the E-Commerce Directive”.

Other enforcement measures 40. Part 8B of the Principal Act is amended by the insertion of the following Chapter after Chapter 7: “CHAPTER 7A Other enforcement measures Compliance notice 139ZZGA. (1) Where a person authorised by the Commission under subsection (2) is of the opinion that a relevant intermediary service provider has infringed a provision of the Digital Services Regulation to which this section applies, that person may direct an authorised officer to serve a notice (in this section referred to as a ‘compliance notice’) on the provider.

Power to enter into commitment agreement with intermediary service provider 139ZZGB. (1) The Commission may at any time enter into an agreement in writing with a relevant intermediary service provider under which the provider agrees to take measures that appear to the Commission to address any issue relating to compliance by the provider with the designated provisions of the Digital Services Regulation.

Insertion of Part 15 in Principal Act 41. The Principal Act is amended by the insertion of the following Part after Part 14: “PART 15 DIGITAL SERVICES

CHAPTER 1

Interpretation Interpretation (Part 15) 186. (1) In this Part— ‘certification conditions’ means the conditions specified in Article 21(3); ‘designation conditions’ means the conditions specified in Article 40(8); ‘out-of-court dispute settlement body’ means a person certified under section 193(3)(a); ‘vetted researcher’ means a person designated as a vetted researcher under section 187(5)(a).

CHAPTER 2

Vetted researchers, trusted flaggers and out-of-court settlement bodies Designation of vetted researchers 187. (1) A person who applies to the Commission under Article 40(8) to be designated as a vetted researcher shall do so in the form and manner specified by the Commission and such application shall specify the research to which the application relates.

Termination of data access 188. (1) Where a vetted researcher has been granted data access following a reasoned request for such access under Article 40(4), the Commission shall terminate the access where the Commission has determined that the vetted researcher no longer meets the designation conditions, following an investigation— (a) on the Commission’s own initiative, or (b) based on information received by the Commission from third parties.

Review of refusal of designation or revocation of designation 189. (1) Where— (a) an application for designation is refused by the Commission under section 187(5)(b), or (b) the data access of a vetted researcher is proposed to be terminated by the Commission under section 188, the applicant or the vetted researcher may, within 14 days from the date of the service of the notification under section 187(6) or 188(2), request in writing a review (in this section referred to as a ‘review request’) of such refusal or proposed termination in the form and manner specified by the Commission.

Award of trusted flagger status 190. (1) An entity established in the State that applies to the Commission under Article 22(2) to be awarded status as a trusted flagger shall do so in the form and manner specified by the Commission (and an entity that so applies is in this section referred to as an ‘applicant’).

Revocation of status as trusted flagger 191. (1) Where the Commission proposes to revoke the status of a trusted flagger under Article 22(7), the Commission shall notify the trusted flagger in writing of the proposed revocation.

Review of refusal of designation or revocation of designation 192. (1) Where— (a) an application by an entity to be awarded status as a trusted flagger is refused by the Commission under section 190(3)(b), or (b) the status of a trusted flagger is proposed to be revoked by the Commission under section 191, the entity or the trusted flagger may, within 14 days from the date of the notification under section 190(4) or 191(1), request in writing a review (in this section referred to as a ‘review request’) of such refusal or proposed revocation, in the form and manner specified by the Commission.

Certification of out-of-court dispute settlement bodies 193. (1) A person who applies to the Commission under Article 21 to be certified as an out-of-court dispute settlement body shall do so in the form and manner specified by the Commission (and a person who so applies is in this section referred to as an ‘applicant’).

Revocation of certification as out-of-court dispute settlement body 194. (1) Where the Commission proposes to revoke the certification of an out of-court dispute settlement body under Article 21(7), it shall notify the out-of-court dispute settlement body concerned in writing of the proposed revocation.

Review of refusal of certification or revocation of certification 195. (1) Where— (a) an application for certification as an out-of-court dispute settlement body is refused by the Commission under section 193(3)(b), or (b) the certification of an out-of-court dispute settlement body is proposed to be revoked by the Commission under section 194, the body may, within 14 days from the date of the notification under section 193(4) or 194(1), request in writing a review (in this section referred to as a ‘review request’) of such refusal or proposed revocation in the manner and form specified by the Commission.

Representations 196. (1) Where— (a) a vetted researcher has been notified of a proposal to terminate data access under section 188, (b) a trusted flagger has been notified of a proposal to revoke the status of the trusted flagger under section 191, or (c) an out-of-court dispute settlement body has been notified of a proposal to revoke the certification of the out-of-court dispute settlement body under section 194, the researcher, flagger or body may make representations to the Commission about such proposal.

Investigation of trusted flagger, vetted researcher or out-of-court dispute settlement body 197. (1) For the purposes of an investigation in accordance with Articles 21(7), 22(7) and 40(1), the Commission may appoint a member of the staff of the Commission as an investigator to investigate— (a) the award of a status as a trusted flagger in accordance with Article 22(7), (b) the certification of an out-of-court dispute settlement body in accordance with Article 21(7), or (c) the designation as a vetted researcher in accordance with Article 40(10).

CHAPTER 3

Miscellaneous Orders to act against illegal content 198. (1) Where an authority in the State issues an order to act against one or more specific items of illegal content under Article 9(1), the authority shall ensure that the order meets the conditions specified in Article 9(2).

Orders to provide information 199. (1) Where an authority in the State issues an order to provide specific information under Article 10(1), the authority shall ensure that the order meets the conditions specified in Article 10(2).

Fees 200. (1) The Commission may specify a fee to accompany— (a) an application referred to in section 187, 190 or 193, and (b) a review request made under section 189, 192 or 195.

Complaints to Commission concerning Digital Services Regulation 201. (1) A person (in this section referred to as ‘a complainant’) may make a complaint to the Commission, in the manner and form specified by the Commission, that there has been a failure by an intermediary service provider to comply with a provision of the Digital Services Regulation.

Offences 202.(1) A person who knowingly or recklessly provides false or misleading information to the Commission in relation to an application referred to in section 187, 190 or 193 or under section 196 or 197(3) shall be guilty of a category 2 offence.

Amendment of Schedule 4 to Principal Act 42. Schedule 4 to the Principal Act is amended by the insertion of the following paragraph after paragraph 14: “14A. Without prejudice to paragraph 13, a person may be liable to an administrative financial sanction in accordance with Part 8B if in an oral hearing where the suspected contravention is an infringement of the Digital Services Regulation he or she knowingly gives false or misleading evidence on oath or affirmation.”.

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 Interpretation (Part 3) 43. (1) In this Part— “authorised officer” has the same meaning as it has in the Act of 2014, and “the authorised officer”, in relation to an investigation, means the authorised officer carrying out the investigation; “category 1 offence” means an offence the penalties for which are specified in section 80

Chapter 2

Functions of Competition and Consumer Protection Commission Designation of Commission as competent authority in respect of Articles 30, 31 and 32 of Digital Services Regulation 44. The Commission is designated, for the purposes of Article 49(1), as the competent authority in respect of Articles 30, 31 and 32.

Co-operation between Commission and Coimisiún na Meán 45. (1) The Commission may enter into an agreement (in this section referred to as a “co operation agreement”) with Coimisiún na Meán for the purposes of— (a) facilitating co-operation between the Commission and Coimisiún na Meán in the performance of their respective functions in so far as they relate to the Digital Services Regulation, (b) ensuring, as far as practicable, consistency between decisions made or other steps taken by the Commission and Coimisiún na Meán in so far as any part of those decisions or steps relates to the Digital Services Regulation, and (c) enabling the Commission to be consulted in relation to any decisions relating to the Digital Services Regulation made by Coimisiún na Meán.

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).

Disclosure of personal data 47. (1) The Commission may, in the circumstances referred to in subsection (2), disclose personal data to any of the following: (a) Coimisiún na Meán; (b) the Garda Síochána; (c) an intermediary service provider; (d) a body prescribed in regulations made by the Minister.

Complaints to Commission concerning Digital Services Regulation 48. (1) Where a complaint, or part of a complaint, has been transmitted to the Commission by Coimisiún na Meán under section 201(2) of the Principal Act, the Commission shall carry out an assessment of the complaint and may take any of the following actions: (a) serve a compliance notice under section 78 on the intermediary service provider, the subject of a complaint made under section 201(1) of the Principal Act; (b) investigate the complaint in accordance with section 49 ; (c) dismiss the complaint where the Commission finds that— (i) the complaint is frivolous or vexatious or was not made in good faith, or (ii) the subject matter of the complaint is trivial; (d) transmit the complaint, or part of the complaint, to Coimisiún na Meán where the Commission is of the opinion that— (i) the complaint or part of the complaint does not concern Article 30, 31 or 32, or (ii) the intermediary service provider, the subject of the complaint, is not a relevant provider; (e) take such other action in respect of the complaint as the Commission considers appropriate.

Chapter 3

Investigations Commencement and terms of investigation 49. (1) If a person authorised by the Commission under subsection (2) believes there is reason to suspect that there has been a contravention, the person may direct an authorised officer to carry out an investigation of the suspected contravention.

Investigatory powers: oral hearings 50. (1) An authorised officer may conduct an oral hearing if he or she considers it necessary for the purposes of an investigation pursuant to a direction under section 49

Use of investigatory powers for other purposes of Digital Services Regulation 51. An authorised officer may exercise powers under section 36 of the Act of 2014 (as applied by section 46 ) and section 50 of this Act, 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.

Enforcement of investigatory powers by administrative financial sanctions 52.(1) This section applies, in relation to a Digital Services investigation, to each of 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, and “relevant person” in this subsection 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 to which the investigation relates.

Enforcement of investigatory powers by daily payment penalty 53. (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 36 of the Act of 2014, as applied by section 46 .

Power to require provider to take interim measures 54. (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 Article 30, 31 or 32, and (ii) that the contravention is continuing,