Digital Services Act 2024
Number 2 of 2024
DIGITAL SERVICES ACT 2024
REVISED
Updated to 2 September 2024
This Revised Act is an administrative consolidation of the Digital Services Act 2024 (2/2024). It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Criminal Justice (Amendment) Act 2024 (31/2024), enacted 4 October 2024, and all statutory instruments up to and including the Waste Management (Landfill Levy) (Amendment) Regulations 2024 (S.I. No. 442 of 2024), made 2 September 2024, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 2 of 2024
DIGITAL SERVICES ACT 2024
REVISED
Updated to 2 September 2024
CONTENTS
Preliminary and General
Section
1. Short title and commencement
Amendment of Principal Act
7. Amendment of section 2 of Principal Act
8. Amendment of section 7 of Principal Act
9. Amendment of section 33 of Principal Act
10. Amendment of section 36 of Principal Act
11. Professional secrecy under Digital Services Regulation
12. Amendment of section 38 of Principal Act
13. Amendment of section 139Z of Principal Act
14. Amendment of section 139ZF of Principal Act
16. Amendment of section 139ZI of Principal Act
17. Amendment of section 139ZJ of Principal Act
18. Notice of communication under Article 58(5)
19. Amendment of section 139ZK of Principal Act
20. Use of powers for other purposes of Digital Services Regulation
21. Insertion of sections 139ZLA and 139ZLB in Principal Act
22. Amendment of section 139ZM of Principal Act
23. Information about decision process following joint investigation to which Article 60 applies
24. Amendment of section 139ZN of Principal Act
25. Amendment of section 139ZP of Principal Act
26. Amendment of section 139ZR of Principal Act
27. Amendment of section 139ZS of Principal Act
28. Decision following joint investigation to which Article 60 applies
29. Amendment of section 139ZT of Principal Act
30. Amendment of section 139ZU of Principal Act
31. Amendment of section 139ZV of Principal Act
32. Amendment of section 139ZW of Principal Act
33. Amendment of section 139ZX of Principal Act
34. Amendment of section 139ZY of Principal Act
35. Insertion of Chapter 4A into Part 8B of Principal Act
36. Amendment of section 139ZZB of Principal Act
37. Insertion of sections 139ZZBA and 139ZZBB in Principal Act
38. Access blocking order where Digital Services Regulation infringed
39. Amendment of section 139ZZD of Principal Act
40. Other enforcement measures
41. Insertion of Part 15 in Principal Act
42. Amendment of Schedule 4 to Principal Act
Competition and Consumer Protection Commission as Competent Authority for Digital Services Regulation for Articles 30 to 32 of the Digital Services Regulation
Interpretation
Functions of Competition and Consumer Protection Commission
45. Co-operation between Commission and Coimisiún na Meán
45B. Levies under section 45A: enforcement and procedure
45C. Arrangement in relation to collection of levies
46. Construction of references for Act of 2014
47. Disclosure of personal data
48. Complaints to Commission concerning Digital Services Regulation
Investigations
49. Commencement and terms of investigation
50. Investigatory powers: oral hearings
51. Use of investigatory powers for other purposes of Digital Services Regulation
52. Enforcement of investigatory powers by administrative financial sanctions
53. Enforcement of investigatory powers by daily payment penalty
54. Power to require provider to take interim measures
55. Report of authorised officer
56. Information about decision process following joint investigation to which Article 60 applies
Decision of Commission
61. Action by Commission after receiving report
63. Decision following joint investigation to which Article 60 applies
64. Notice and publication of decision of Commission
Administrative financial sanctions
65. Submissions and requests for information
66. Determination of amount of administrative financial sanction
67. Limitations on amount of administrative financial sanction
69. Circuit Court confirmation of decision
70. Treatment of amounts paid in respect of administrative financial sanctions
71. Reference on point of law to High Court
Daily payment penalty under section 53: appeal and confirmation
72. Daily payment penalty under section 53: appeal and confirmation
Notice to end contravention
73. Notice to end contravention
74. Daily payment for failure to comply with notice to end contravention
75. Daily payment penalty under section 74: appeal and confirmation
Access blocking order
76. Further notice to end contravention
Other enforcement measures
79. Power to enter into commitment agreement with provider
Offences under Part 3
81. Summary proceedings for offences under Part 3
Miscellaneous
82. Amendment of section 24 of Act of 2014
83. Professional secrecy under Digital Services Regulation
84. Amendment of Online Safety and Media Regulation Act 2022
Oral Hearings
Acts Referred to
Broadcasting Act 2009 (No. 18)
Companies Act 2014 (No. 38)
Competition and Consumer Protection Act 2014 (No. 29)
Data Protection Act 2018 (No. 7)
Data Sharing and Governance Act 2019 (No. 5)
Interpretation Act 2005 (No. 23)
Number 2 of 2024
DIGITAL SERVICES ACT 2024
REVISED
Updated to 2 September 2024
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.
[11th February, 2024]
Be it enacted by the Oireachtas as follows: