Online safety The Act provides for a definition of harmful online content, the designation of online services for regulation, the making and application of online safety codes by the Commission, the issuance of guidance materials by the Commission, and the establishment of a scheme by the Commission through which nominated bodies may notify the Commission of concerns relating to the availability of harmful online content […]
Investigations and Sanctions “Contravention”, which includes a failure to comply with a media service code, a media service rule, or an online safety code, “investigation”, and “authorised officer”. The Commission may appoint an authorised officer, shall provide a certificate of such an appointment and may cause such an appointment to be revoked in certain circumstances. A person authorised by the Commission may direct an authorised […]
Commitments & Settlements A commitments procedure – allows the Commission to accept commitments from a person under investigation for a regulatory breach. The commitments concerned may require the person to take or refrain from taking particular actions. The commitments can be renegotiated by the parties. Should the commitments not be complied with, the original investigation can be continued. There is a settlement procedure which allows the […]
Communications Regulation Act This Act transposes specific aspects of Directive (EU) 2018/1972 (‘the Directive’), particularly the enforcement, security, alternative dispute resolution, and a limited number of end-user rights provisions. It will also designate the Commission for Communications Regulation (‘ComReg’) as the competent authority for the purpose of enforcing the Directive in the State. The European Union (Electronic Communication Code) Regulations 2022 (S.I. 444 of 2022) […]
Competent authorities and Digital Services Coordinators Member States shall designate one or more competent authorities to be responsible for the supervision of providers of intermediary services and enforcement of this Regulation (‘competent authorities’). Member States shall designate one of the competent authorities as their Digital Services Coordinator. The Digital Services Coordinator shall be responsible for all matters relating to supervision and enforcement of this Regulation […]
Very large online platforms and search engines This Section shall apply to online platforms and online search engines which have a number of average monthly active recipients of the service in the Union equal to or higher than 45 million, and which are designated as very large online platforms or very large online search engines pursuant to paragraph 4. The Commission shall adopt delegated acts […]
Exclusion for micro and small enterprises This Section shall not apply to providers of online platforms allowing consumers to conclude distance contracts with traders that qualify as micro or small enterprises as defined in Recommendation 2003/361/EC. This Section shall not apply to providers of online platforms allowing consumers to conclude distance contracts with traders that previously qualified for the status of a micro or small […]
Trusted flaggers Providers of online platforms shall take the necessary technical and organisational measures to ensure that notices submitted by trusted flaggers, acting within their designated area of expertise, through the mechanisms referred to, are given priority and are processed and decided upon without undue delay. The status of ‘trusted flagger’ under this Regulation shall be awarded, upon application by any entity, by the Digital […]
Provisions applicable to all providers of intermediary services Points of contact for Member States’ authorities, the Commission and the Board Providers of intermediary services shall designate a single point of contact to enable them to communicate directly, by electronic means, with Member States’ authorities, the Commission and the Board referred to in Article 61 for the application of this Regulation. Providers of intermediary services shall […]
‘Mere conduit’ Where an information society service is provided that consists of the transmission in a communication network of information provided by a recipient of the service, or the provision of access to a communication network, the service provider shall not be liable for the information transmitted or accessed, on condition that the provider: does not initiate the transmission; does not select the receiver of […]