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Number 2 of 2024
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DIGITAL SERVICES ACT 2024
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CONTENTS
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PART 1
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Preliminary and General
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Section
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1. Short title and commencement
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2. Definitions
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3. Regulations
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4. Service of documents
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5. Revocation
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6. Expenses
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PART 2
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Amendment of Principal Act
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7. Amendment of section 2 of Principal Act
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8. Amendment of section 7 of Principal Act
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9. Amendment of section 33 of Principal Act
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10. Amendment of section 36 of Principal Act
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11. Professional secrecy under Digital Services Regulation
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12. Amendment of section 38 of Principal Act
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13. Amendment of section 139Z of Principal Act
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14. Amendment of section 139ZF of Principal Act
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15. Interpretation (Part 8B)
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16. Amendment of section 139ZI of Principal Act
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17. Amendment of section 139ZJ of Principal Act
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18. Notice of communication under Article 58(5)
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19. Amendment of section 139ZK of Principal Act
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20. Use of powers for other purposes of Digital Services Regulation
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21. Insertion of sections 139ZLA and 139ZLB in Principal Act
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22. Amendment of section 139ZM of Principal Act
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23. Information about decision process following joint investigation to which Article 60 applies
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24. Amendment of section 139ZN of Principal Act
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25. Amendment of section 139ZP of Principal Act
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26. Amendment of section 139ZR of Principal Act
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27. Amendment of section 139ZS of Principal Act
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28. Decision following joint investigation to which Article 60 applies
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29. Amendment of section 139ZT of Principal Act
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30. Amendment of section 139ZU of Principal Act
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31. Amendment of section 139ZV of Principal Act
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32. Amendment of section 139ZW of Principal Act
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33. Amendment of section 139ZX of Principal Act
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34. Amendment of section 139ZY of Principal Act
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35. Insertion of Chapter 4A into Part 8B of Principal Act
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36. Amendment of section 139ZZB of Principal Act
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37. Insertion of sections 139ZZBA and 139ZZBB in Principal Act
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38. Access blocking order where Digital Services Regulation infringed
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39. Amendment of section 139ZZD of Principal Act
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40. Other enforcement measures
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41. Insertion of Part 15 in Principal Act
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42. Amendment of Schedule 4 to Principal Act
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PART 3
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Competition and Consumer Protection Commission as Competent Authority for Digital Services Regulation for Articles 30 to 32 of the Digital Services Regulation
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Chapter 1
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Interpretation
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43. Interpretation (Part 3)
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Chapter 2
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Functions of Competition and Consumer Protection Commission
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44. Designation of Commission as competent authority in respect of Articles 30, 31 and 32 of Digital Services Regulation
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45. Co-operation between Commission and Coimisiún na Meán
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46. Construction of references for Act of 2014
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47. Disclosure of personal data
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48. Complaints to Commission concerning Digital Services Regulation
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Chapter 3
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Investigations
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49. Commencement and terms of investigation
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50. Investigatory powers: oral hearings
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51. Use of investigatory powers for other purposes of Digital Services Regulation
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52. Enforcement of investigatory powers by administrative financial sanctions
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53. Enforcement of investigatory powers by daily payment penalty
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54. Power to require provider to take interim measures
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55. Report of authorised officer
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56. Information about decision process following joint investigation to which Article 60 applies
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57. Rules
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58. Guidelines
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59. Conduct of investigations
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Chapter 4
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Decision of Commission
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60. Division of Commission
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61. Action by Commission after receiving report
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62. Decision by Commission
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63. Decision following joint investigation to which Article 60 applies
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64. Notice and publication of decision of Commission
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Chapter 5
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Administrative financial sanctions
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65. Submissions and requests for information
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66. Determination of amount of administrative financial sanction
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67. Limitations on amount of administrative financial sanction
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68. Appeal against decision
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69. Circuit Court confirmation of decision
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70. Treatment of amounts paid in respect of administrative financial sanctions
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71. Reference on point of law to High Court
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Chapter 6
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Daily payment penalty under section 53: appeal and confirmation
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72. Daily payment penalty under section 53: appeal and confirmation
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Chapter 7
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Notice to end contravention
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73. Notice to end contravention
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74. Daily payment for failure to comply with notice to end contravention
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75. Daily payment penalty under section 74: appeal and confirmation
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Chapter 8
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Access blocking order
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76. Further notice to end contravention
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77. Access blocking order
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Chapter 9
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Other enforcement measures
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78. Compliance notices
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79. Power to enter into commitment agreement with provider
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Chapter 10
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Offences under Part 3
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80. Categories of offences
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81. Summary proceedings for offences under Part 3
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PART 4
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Miscellaneous
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82. Amendment of section 24 of Act of 2014
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83. Professional secrecy under Digital Services Regulation
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84. Amendment of Online Safety and Media Regulation Act 2022
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SCHEDULE
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Oral Hearings
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Acts Referred to
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Broadcasting Act 2009
(No. 18)
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Companies Act 2014
(No. 38)
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Competition and Consumer Protection Act 2014
(No. 29)
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Data Protection Act 2018
(No. 7)
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Data Sharing and Governance Act 2019
(No. 5)
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Interpretation Act 2005
(No. 23)
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Online Safety and Media Regulation Act 2022
(No. 41)
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Number 2 of 2024
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DIGITAL SERVICES ACT 2024
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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.
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[11th February, 2024]
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Be it enacted by the Oireachtas as follows:
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1 OJ L277, 27.10.2022, p. 1 |