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The Irish Government published its Autumn Legislative Programme on 26 September and the eagerly awaited Digital Services Bill (the DSB) is included as one of the 27 bills to be prioritised for publication this session. This is somewhat unsurprising given that the DSB was previously listed in the Government’s Summer Legislative Programme as a bill to prioritise. However, there is one interesting contrast between the descriptions of the DSB provided in the Government’s Summer and Autumn Programmes.

The Autumn Programme describes the purpose of the DSB as:

“To implement Regulation (EU) 2022/2065 on a Single Market for Digital Services

… Continue Reading Government’s Legislative Programme indicates there may be a role for CCPC in regulating aspects of the DSA

Following the consultation, the Coimisiún na Meán (CnaM) has today, 14 August 2023, published notice of the designation of video-sharing platform services (VSPSs) as a category of relevant online services the providers of which are under the jurisdiction of Ireland. This designation becomes effective on 11 September 2023.Continue Reading Coimisiún na Meán publishes notice of the designation of video-sharing platform services under the OSMR

On 19 July 2023, the Irish Government announced their intention to appoint John Evans as the Digital Services Commissioner in Coimisiún na Meán (CnaM). His appointment will take effect from 24 July 2023.

As per Head 6 of the General Scheme of the Digital Services Bill which was published by the Irish government earlier this year, it is intended that Mr Evans will be responsible for coordinating the supervision and enforcement of the Digital Services Act (DSA) in Ireland as the Digital Services Commissioner. He will also be responsible for liaising and cooperating with the European…

Continue Reading Commissioner for Digital Services in Coimisiún na Meán to be Appointed

On 6 June 2023, the European Commission (the Commission) launched a consultation on the template for the compliance report that designated “gatekeepers” will be required to submit annually under the Digital Markets Act (DMA).

Compliance Report for Gatekeepers

A “core platform service” for the purposes of the DMA (for example, online search engines, web browsers and social networks) will qualify as a gatekeeper if it has:

  • at least 45 million monthly end
    • … Continue Reading DMA: Consultation on the form of compliance report for gatekeepers now open

    On 31 May, Minister for Justice Simon Harris signed the European Union (Online Dissemination of Terrorist Content) (Designation of the Commissioner of the Garda Síochána as a Competent Authority) Regulations 2023 (the Regulations) into law. The Regulations designate An Garda Síochána as:

    1. the Irish competent authority for issuing removal orders in accordance with Article 3 of the EU Terrorist Content Online Regulation 2021/784 (the TCO); and
    2. the Irish contact point for clarification and feedback in relation to the removal orders that it issues.

    Article 3 TCO provides that a competent authority of each EU Member State has…

    Continue Reading An Garda Síochána appointed as a competent authority under the EU Terrorist Content Online Regulation

    The Commission has published a draft delegated act on audits to be performed very large online platforms (“VLOPs“) and very large online search engines (“VLOSEs“) pursuant to Article 37 of Digital Services Act Regulation (“DSA“) for public feedback.Continue Reading Commission publishes Draft Delegated Act in respect of Audits conducted under DSA

    Following the first designation of Very Large Online Platforms (“VLOPS“) and Very Large Online Search Engines (“VLOSEs”) under the Digital Services Act Regulation (“DSA“) on 25 April 2023, the European Commission has now announced a call for evidence from stakeholders to inform proposed delegated acts on data access mechanisms.Continue Reading Commission Calls for Stakeholder Views on Data Access Mechanism under DSA

    Last week, the European Commission (the Commission) adopted the first designation decisions under the Digital Services Act (DSA) which designated certain services as Very Large Online Platforms (VLOPs) and / or Very Large Online Search Engines (VLOSEs) in accordance with Article 33(4) of the DSA. 

    17 VLOPs and 2 VLOSEs were designated under the decisions adopted by the Commission:

    • VLOPs: Alibaba AliExpress; Amazon Store; Apple AppStore; Booking.com; Facebook; Google Play; Google Maps; Google Shopping; Instagram; LinkedIn; Pinterest; Snapchat; TikTok; Twitter; Wikipedia; YouTube; Zalando.
    • VLOSEs: Bing; Google Search.

    It has been reported that…

    Continue Reading European Commission designates VLOPs and VLOSEs under the Digital Services Act

    Yesterday, 01 February 2023, the Commission published guidance on how online platforms and search engines within the scope of the Digital Services Act (DSA) should comply with their obligation to report user numbers in the EU.

    As highlighted in our recent update, the DSA requires providers of online platforms and of online search engines to publish, by 17 February 2023, information on the average monthly active recipients of their services in the EU, on their publicly available online interfaces. The number must be calculated as an average over the period of the past six months.

    Online platforms/search engines, whose numbers reach the threshold of 45 million average monthly active recipients in the EU, will be designated by the Commission as very large online service providers (VLOPs) or very large online search engines (VLOSEs). However, the Commission is not bound by information provided by online service providers, – it may use other available data or request additional information.

    While the guidance is not ground breaking, it provides a helpful interpretation of certain provision of the DSA.

    In relation to the calculation of active recipients of the service, the guidance stipulates the following:Continue Reading DSA: Commission issues guidance on the requirement to publish user numbers in the EU

    Coimisiún na Meán (the Media Commission), is currently in the process of being established in accordance with the Online Safety and Media Regulation Act (OSMR). Further information on its establishment and the appointment of the first four commissioners to Coimisiún na Meán can be read here.

    In addition to its role as the supervisory authority under the OSMR and as Ireland’s Digital Services Coordinator under the Digital Services Act (DSA), the Irish Government also plans to designate Coimisiún na Meán as the competent authority under the Terrorism Content Online Regulation (the TCO).

    What is…

    Continue Reading Coimisiún na Meán to be designated as Competent Authority under the EU Terrorist Content Online Regulation