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

1 June 2023 marks a significant step forward for patent protection and enforcement in Europe with the commencement of a new unified European patent system comprising:

  1. A Unitary Patent, providing uniform protection and equal effect across all participating Member States on a one-stop-shop basis.
  1. A Unified Patent Court (UPC), offering a single, specialised patent court common to all participating Member States.

We previously reported (in 2021 and 2022) on the steps taken towards the establishment of the Unitary Patent and UPC, and the legislative hurdles that needed to be overcome for their operation to commence.

Overview of

Continue Reading A Significant Step Forward: The Unitary Patent System and Unified Patent Court Commence Operation in Participating Member States

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

In a recent significant judgment1 from the Irish Circuit Court, the judge concluded that “justice is best served” by granting a stay of a data subject’s damages claim pending determination of certain preliminary references currently before the CJEU. The court expressed a view that damages in the case, if awarded, were likely to be small and a stay would not impact the procedural efficiency of the proceedings, but a delay in granting a stay could substantially and unnecessarily increase legal costs for the defendant.Continue Reading “Justice Best Served” – Data Subject Claims Stayed

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

Today, the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, Catherine Martin announced the appointment of four Commissioners to Coimisiún na Meán/the  Media Commission. The Media Commission, which  is currently in the process of being established in accordance with the Online Safety and Media Regulation Act (OSMR), will act as the supervisory authority under the OSMR and as Ireland’s Digital Services Coordinator under the Digital Services Act (DSA) and will have the responsibility to implement and enforce the Digital Services Act, an EU Regulation, in Ireland.

The following individuals are being appointed as commissioners:

  • Jeremy
Continue Reading Appointment of Executive Chairperson and Commissioners to Coimisiún na Meán

The first draft delegated regulation supplementing the Digital Services Act (DSA) was published by the European Commission yesterday.

The regulation outlines the criteria to be used when calculating the supervisory fees which will be charged on very large online platforms (VLOPs) and very large online search engines (VLOSEs) under Article 43 of the DSA.

In particular, it includes:Continue Reading DSA: Delegated Regulation setting the methodology and procedure for determining the Supervisory Fee