Coimisiún na Meán granted investigatory powers

Following the passage of the Digital Services Act 2024, Coimisiún na Meán and the Competition and Consumer Protection Commission (CCPC) have been granted powers to carry out investigations and take enforcement actions, including the imposition of significant financial penalties for non-compliance.

Passed in February 2024 after the Digital Services Regulation came into force in EU law in November 2022, the new legislation designates the organisations as having “competent authority for online marketplaces under the EU Digital Services Regulation”.

The Digital Services Act (DSA) is directly applicable across the EU and applies in full across all EU member states from 17 February 2024.

The original EU regulation aims to regulate online intermediaries and platforms such as marketplaces, social networks, content-sharing platforms, app stores, and online travel and accommodation platforms. Its main goal is to prevent illegal and harmful activities online and the spread of disinformation. It ensures user safety, protects fundamental rights, and creates a fair and open online platform environment.

Additionally, organisations for which the DSA applies to are required to:

• provide greater transparency on their services;
• adopt procedures for handling take down notices, informing users in certain circumstances and addressing complaints; and
• refrain from certain practises, such as profiling, and/or improve control for users of their service.

While as an EU regulation it has direct legal effect in EU member states, it was necessary to have national legislation to implement those provisions of the EU Regulation.

In this context, the Digital Services Act 2024 fulfils Ireland’s obligations in this regard and was signed by the President Michael D Higgins in February 2024.

Furthermore, each member state designates a competent authority as their digital services coordinator (DSC). In Ireland, the DSC is Comisiún na Meán, and the Competition Protection Commission (CCPC) is the competent authority for articles related to online marketplaces.

Announcing the commencement, then-Minister for Enterprise, Trade and Employment Simon Coveney TD said: “Enactment and commencement of this legislation has been a priority for me since the Digital Services Regulation was adopted by the EU at the end of 2022. The aim of this regulation is to protect consumers online, make it easier to find and remove illegal content and safeguard the fundamental rights of users – including freedom of expression.

“I am proud that we were one of the first member states to identify and resource our digital services coordinator and Coimisiún na Meán has been preparing for this day since early last year [2023]. I wish both Coimisiún na Meán and the CCPC well in the task ahead.”

Minister of State in the Department of Enterprise, Trade and Employment, Dara Calleary TD said: “The Digital Services Act provides the legal basis for the effective implementation of the EU Digital Services Regulation in a balanced and proportionate manner… Ireland stands ready to play its part in the regulation of the online world.”