This is Part 1 in our series focused on tracking the development of the EU’s AI Act. The series will provide updates and commentary as the AI Act moves through the EU’s legislative process.

To set the scene, the EU Commission first adopted its Proposal for a Regulation laying down harmonised rules on artificial intelligence (the Proposed Act) back in April 2021. In ways a ground breaking piece of draft legislation, it was one of the first attempts to implement a regulatory framework which was specific to the use of artificial intelligence (AI) technology. This article aims…

Continue Reading Tracking the AI Act: Part 1 – How the EU is thinking about regulating the AI sector

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

Introduction

Following its establishment earlier this year, Coimisiún na Meán (the CNM) released its first work programme on 20 June 2023. This work programme (the 2023 Programme) sets out the primary objectives of the CNM for 2023 up to February 2024.

The objectives in the 2023 Programme include the following:

  • Supporting the development of the wider media sector with funding schemes, together with initiatives to promote the Irish language, media literacy, as well as equality, diversity and
    • … Continue Reading Coimisiún na Meán releases its Work Programme for 2023

    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

    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