{"id":28495,"date":"2023-10-28T22:21:11","date_gmt":"2023-10-28T22:21:11","guid":{"rendered":"https:\/\/legalblog.ie\/?p=28495"},"modified":"2024-03-30T15:38:56","modified_gmt":"2024-03-30T15:38:56","slug":"28495-2","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/28495-2\/","title":{"rendered":"ComReg Powers"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/28495-2\/#Communications_Regulation_Act\" title=\"Communications Regulation Act\">Communications Regulation Act<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/28495-2\/#Security_of_Services\" title=\"Security of\u00a0 Services\">Security of\u00a0 Services<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/28495-2\/#Security_measures_guidelines\" title=\"Security measures guidelines\">Security measures guidelines<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/28495-2\/#Providers_to_notify\" title=\"Providers to notify\">Providers to notify<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/28495-2\/#Compliance_by_providers\" title=\"Compliance by providers\">Compliance by providers<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/28495-2\/#Assistance_and_information_sharing\" title=\"Assistance and information sharing\">Assistance and information sharing<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/28495-2\/#Appeal_of_decisions\" title=\"Appeal of decisions\">Appeal of decisions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/28495-2\/#Remedies\" title=\"Remedies\">Remedies<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/28495-2\/#Revocation_transitional_provisions_and_consequential_amendments\" title=\"Revocation, transitional provisions and consequential amendments\">Revocation, transitional provisions and consequential amendments<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#COMMUNICATIONS_REGULATION_AMENDMENT_ACT_2023\" title=\"COMMUNICATIONS REGULATION (AMENDMENT) ACT 2023\">COMMUNICATIONS REGULATION (AMENDMENT) ACT 2023<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Interpretation\" title=\"Interpretation\">Interpretation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Regulations\" title=\"Regulations\">Regulations<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Security_of_Networks_and_Services\" title=\"Security of Networks and Services\">Security of Networks and Services<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Interpretation_Part_2\" title=\"Interpretation (Part 2)\">Interpretation (Part 2)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Obligation_on_providers_to_take_measures_to_manage_risk\" title=\"Obligation on providers to take measures to manage risk\">Obligation on providers to take measures to manage risk<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Security_measures_guidelines-2\" title=\"Security measures guidelines\">Security measures guidelines<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Courts_etc_to_have_regard_to_security_measures_guidelines\" title=\"Courts, etc. to have regard to security measures guidelines\">Courts, etc. to have regard to security measures guidelines<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Commission_to_have_regard_to_security_measures_guidelines_in_connection_with_carrying_out_functions\" title=\"Commission to have regard to security measures guidelines in connection with carrying out functions\">Commission to have regard to security measures guidelines in connection with carrying out functions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Adjudicator_to_have_regard_to_security_measures_guidelines_in_connection_with_carrying_out_functions\" title=\"Adjudicator to have regard to security measures guidelines in connection with carrying out functions\">Adjudicator to have regard to security measures guidelines in connection with carrying out functions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Providers_to_notify_Commission_of_any_incident_of_significant_impact_on_networks_or_services\" title=\"Providers to notify Commission of any incident of significant impact on networks or services\">Providers to notify Commission of any incident of significant impact on networks or services<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Providers_to_notify_users_of_particular_and_significant_threat_of_security_incident\" title=\"Providers to notify users of particular and significant threat of security incident\">Providers to notify users of particular and significant threat of security incident<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Power_of_Commission_to_serve_security_measures_directions\" title=\"Power of Commission to serve security measures directions\">Power of Commission to serve security measures directions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Security_audits\" title=\"Security audits\">Security audits<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Assistance_and_information_sharing-2\" title=\"Assistance and information sharing\">Assistance and information sharing<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Appeal_of_decisions_etc_under_Part_2_Part_4_or_Code_Regulations\" title=\"Appeal of decisions, etc. under Part 2, Part 4 or Code Regulations\">Appeal of decisions, etc. under Part 2, Part 4 or Code Regulations<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Security_measures_in_respect_of_certain_vendors\" title=\"Security measures in respect of certain vendors\">Security measures in respect of certain vendors<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Interpretation_Part_3\" title=\"Interpretation (Part 3)\">Interpretation (Part 3)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Critical_components\" title=\"Critical components\">Critical components<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Minister_to_assess_likelihood_of_vendor_being_subjected_to_interference_by_third_country\" title=\"Minister to assess likelihood of vendor being subjected to interference by third country\">Minister to assess likelihood of vendor being subjected to interference by third country<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Assessment_as_relevant_vendor\" title=\"Assessment as relevant vendor\">Assessment as relevant vendor<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Minister_may_consult_for_the_purposes_of_assessments_under_this_Part\" title=\"Minister may consult for the purposes of assessments under this Part\">Minister may consult for the purposes of assessments under this Part<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-32\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Relevant_vendor_measures\" title=\"Relevant vendor measures\">Relevant vendor measures<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-33\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Confidentiality_of_relevant_vendor_notice\" title=\"Confidentiality of relevant vendor notice\">Confidentiality of relevant vendor notice<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-34\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Consultation_before_taking_measures_under_section_25\" title=\"Consultation before taking measures under section 25\">Consultation before taking measures under section 25<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-35\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Appeal_of_relevant_vendor_measure\" title=\"Appeal of relevant vendor measure\">Appeal of relevant vendor measure<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-36\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Hearing_of_appeal_of_relevant_vendor_measure_other_than_in_public\" title=\"Hearing of appeal of relevant vendor measure other than in public\">Hearing of appeal of relevant vendor measure other than in public<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-37\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Appeal_to_Court_of_Appeal_from_decision_under_section_28\" title=\"Appeal to Court of Appeal from decision under section 28\">Appeal to Court of Appeal from decision under section 28<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-38\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Commission_to_report_to_Minister_on_this_Part\" title=\"Commission to report to Minister on this Part\">Commission to report to Minister on this Part<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-39\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Commission_to_monitor_providers_compliance_with_relevant_vendor_measures\" title=\"Commission to monitor providers\u2019 compliance with relevant vendor measures\">Commission to monitor providers\u2019 compliance with relevant vendor measures<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-40\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Review_of_operation_of_Part\" title=\"Review of operation of Part\">Review of operation of Part<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-41\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Measures_to_assist_consumers_and_other_end-users\" title=\"Measures to assist consumers and other end-users\">Measures to assist consumers and other end-users<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-42\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Interpretation_Part_4\" title=\"Interpretation (Part 4)\">Interpretation (Part 4)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-43\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Commission_may_require_publication_of_information_on_quality_of_service\" title=\"Commission may require publication of information on quality of service\">Commission may require publication of information on quality of service<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-44\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Minimum_quality-of-service_standards\" title=\"Minimum quality-of-service standards\">Minimum quality-of-service standards<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-45\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Customer_charters\" title=\"Customer charters\">Customer charters<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-46\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#End-user_compensation\" title=\"End-user compensation\">End-user compensation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-47\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Revocation_transitional_provisions_and_consequential_amendments-2\" title=\"Revocation, transitional provisions and consequential amendments\">Revocation, transitional provisions and consequential amendments<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-48\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Amendment_of_Code_Regulations\" title=\"Amendment of Code Regulations\">Amendment of Code Regulations<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-49\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Miscellaneous_Amendments_to_Principal_Act\" title=\"Miscellaneous Amendments to Principal Act\">Miscellaneous Amendments to Principal Act<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-50\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Power_of_Commission_to_obtain_information\" title=\"Power of Commission to obtain information\">Power of Commission to obtain information<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-51\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Power_of_Commission_to_share_information_with_Minister\" title=\"Power of Commission to share information with Minister\">Power of Commission to share information with Minister<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-52\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Amendment_of_section_39_of_Principal_Act\" title=\"Amendment of section 39 of Principal Act\">Amendment of section 39 of Principal Act<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-53\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Amendment_of_section_43_of_Principal_Act\" title=\"Amendment of section 43 of Principal Act\">Amendment of section 43 of Principal Act<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-54\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Undertaking_not_to_overcharge_or_charge_for_services_not_supplied\" title=\"Undertaking not to overcharge or charge for services not supplied\">Undertaking not to overcharge or charge for services not supplied<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-55\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Commission_may_apply_to_High_Court_for_order_to_restrain_certain_repeated_or_apprehended_contraventions\" title=\"Commission may apply to High Court for order to restrain certain repeated or apprehended contraventions\">Commission may apply to High Court for order to restrain certain repeated or apprehended contraventions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-56\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Amendment_of_section_46D_of_Principal_Act\" title=\"Amendment of section 46D of Principal Act\">Amendment of section 46D of Principal Act<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-57\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Service_of_notices\" title=\"Service of notices\">Service of notices<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-58\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Privileged_legal_material\" title=\"Privileged legal material\">Privileged legal material<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-59\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Freedom_of_Information_Act_not_to_apply_to_certain_confidential_information\" title=\"Freedom of Information Act not to apply to certain confidential information\">Freedom of Information Act not to apply to certain confidential information<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-60\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Publication_of_certain_notices\" title=\"Publication of certain notices\">Publication of certain notices<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-61\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Amendment_to_Part_2_of_Schedule_1_to_Principal_Act\" title=\"Amendment to Part 2 of Schedule 1 to Principal Act\">Amendment to Part 2 of Schedule 1 to Principal Act<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-62\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Amendments_to_Digital_Hub_Development_Agency_Act_2003\" title=\"Amendments to Digital Hub Development Agency Act 2003\">Amendments to Digital Hub Development Agency Act 2003<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-63\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Amendment_to_Postal_and_Telecommunications_Services_Act_1983\" title=\"Amendment to Postal and Telecommunications Services Act 1983\">Amendment to Postal and Telecommunications Services Act 1983<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-64\" href=\"https:\/\/legalblog.ie\/28495-2\/2\/#Communications_Regulation_Act_2002_Notice_of_Intention_To_Prosecute_Regulations_2003\" title=\"Communications Regulation Act 2002 (Notice of Intention To Prosecute) Regulations 2003\">Communications Regulation Act 2002 (Notice of Intention To Prosecute) Regulations 2003<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Communications_Regulation_Act\"><\/span>Communications Regulation Act<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>This Act transposes specific aspects of Directive (EU) 2018\/1972 (\u2018the Directive\u2019), 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 (\u2018ComReg\u2019) 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) (the \u2018Code Regulations\u2019) will transpose the remainder of the Directive.<\/p>\n<p>The Act \u00a0also provides ComReg with a new civil enforcement regime which is used to enforce the obligations established in the Code Regulations, but can, subject to Regulations made by the Minister for the Environment, Climate and Communications, also be used to enforce obligations established by other regulatory regimes for which ComReg is given an enforcement role. The Act \u00a0also amends Section 108 of the Code Regulations to provide for a higher maximum criminal penalty for conviction of an offence on indictment under those Regulations.<\/p>\n<p>The Act transposed the security provisions of the Directive and, in so doing, provides a mechanism for the Minister to specify security measures by Regulation and to make guidelines relating to network security and to provide a legislative basis to enforce the Electronic Communications Security Measures to ensure that electronic communications services and networks are required to ensure the security of their systems.<\/p>\n<p>The Act provides for new consumer service protections for consumers in the electronic communications sector, including an enhanced alternative dispute resolution process for consumers, a new power for ComReg to set minimum quality-of-service standards, a new compensation scheme for consumers and a new \u201cCustomer Charter\u201d.<\/p>\n<p>The Act amended Communications Regulation Act 2002, to align that Act with the Directive and make necessary amendments to ComReg\u2019s current functions and powers, to improve their functionality and complement the new proposed enforcement regime.<\/p>\n<p>The Minister may make regulations in relation to any matter referred to in the Act as prescribed or to be prescribed or to be the subject of regulations or for the purpose of enabling any of its provisions to have full effect.<\/p>\n<p>An authorised officer may exercise any of his or her powers under the Principal Act for the purposes of the Act.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Security_of_Services\"><\/span>Security of\u00a0 Services<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Providers shall take appropriate and proportionate technical and organisational measures to manage the risks posed to the security of networks and services, and the measures taken shall ensure a level of security appropriate to the risk presented with regard to the state of the art.<\/p>\n<p>The Minister may, for the purpose of providing practical guidance to providers, prepare and publish or approve guidelines on the implementation of technical and organisational measures to manage the risks posed to the security of networks and services.<\/p>\n<p>Any legal proceedings before a court or tribunal, the court or tribunal shall have regard to any security measures guidelines in determining any question arising in the proceedings if the question relates to a time when the guideline was in force, and the guideline appears to the court or tribunal to be relevant to the question.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Security_measures_guidelines\"><\/span>Security measures guidelines<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Commission shall have regard to any security measures guideline in determining any question arising in relation to it carrying out its functions if the question relates to a time when the guideline was in force, and the guideline appears to the Commission to be relevant to the question.<\/p>\n<p>An adjudicator shall have regard to any security measures guideline in determining any question arising in relation to it carrying out its functions if the question relates to a time when the guideline was in force, and the guideline appears to the Commission to be relevant to the question.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Providers_to_notify\"><\/span>Providers to notify<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A provider shall, where any security incident occurs that has had or is having a significant impact on the operation of the provider\u2019s networks or services, notify the Commission without undue delay and sets out the procedure for same.<\/p>\n<p>In the case of a particular and significant threat of a security incident in public electronic communications networks or publicly available electronic communications services, a provider of such networks or services shall inform its users potentially affected by such a threat of any possible protective measures or remedies which can be taken by the users, and where appropriate, inform its users of the threat itself.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Compliance_by_providers\"><\/span>Compliance by providers<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The \u00a0Commission shall take reasonable steps to ensure that providers comply with the obligations placed on them by or under this Part. The Commission may serve a direction on a provider to remedy a security incident or prevent one from occurring when a significant threat has been identified, or to ensure that a provider is in compliance with this Part.<\/p>\n<p>Where the Commission serves a security measures direction on a provider requiring the provider to submit to a security audit, the Commission may appoint a security auditor to carry out the security audit in accordance with the direction.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Assistance_and_information_sharing\"><\/span>Assistance and information sharing<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Commission may consult, cooperate, share information with, or obtain the assistance of the CSIRT, a Computer Security Incident Response Team in another Member State, a national regulatory authority in another Member State to whom a task under the Directive has been assigned, An Garda S\u00edoch\u00e1na and the Data Protection Commission.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Appeal_of_decisions\"><\/span>Appeal of decisions<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are \u00a0appeals to the High Court against decisions or requirements of the Commission under the Act and the European Union (Electronic Communications Code) Regulations 2022 and the Minister for the Environment, Climate and Communications under Regulations 70, 76 or 100 of the Code Regulations. It sets out the procedure for these appeals.<\/p>\n<p>It provides that on hearing an appeal, the Court may confirm the decision, or, where it is satisfied by reference to the grounds of appeal that a serious and significant error of law or fact, or a series of minor errors of law or fact which when taken together amount to a serious and significant error, was made in making the decision, or that the decision was made without complying with fair procedures, annul the decision in its totality or in part.<\/p>\n<p>There is an appeals against the decision of the High Court to the Court of Appeal. Such appeals will only be granted with leave of the High Court and where the High Court certifies that the decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be made to the Court of Appeal.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Remedies\"><\/span>Remedies<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A payment received by the Commission of any amount due to it pursuant to this Part shall be paid into, or disposed of for the benefit of, the Exchequer in such manner as the Minister shall deterimine.<\/p>\n<p>The service of an urgent interim measure notice or a suspected non-compliance notice; or a referral, may be served or made, as the case may be, by the Commission at any time.<\/p>\n<p>The \u00a0Commission shall collect information on the general subject matter of appeals under this Chapter, the number of appeals, the duration of appeal proceedings and the number of decisions to urgent interim measures; and provide this information to the Minister.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Revocation_transitional_provisions_and_consequential_amendments\"><\/span>Revocation, transitional provisions and consequential amendments<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are transitional provisions where Regulator has notified proposed withdrawal of authorisation or suspension or withdrawal of rights<\/p>\n<p>The Act sets out the continuing application of certain regulations where the Regulation has proposed withdrawal of authorisation or suspension or withdrawal of rights.<\/p>\n<p>There is the continuing application of certain regulations where applications have been made by the Regulator.<\/p>\n<p><!--nextpage--><\/p>\n<h2>COMMUNICATIONS REGULATION (AMENDMENT) ACT 2023<\/h2>\n<p>An Act to give effect to certain provisions of Directive 2018\/1972 of the European Parliament and of the Council of 11 December 2018 1 establishing the European Electronic Communications Code; to provide that providers of public electronic communications networks and providers of publicly available electronic communications services take appropriate and proportionate measures to manage the risks posed to the security of networks and services; to enable the Minister to take measures in respect of the supply of critical components by certain vendors in order to safeguard the security of supply of such components; to provide for measures to assist consumers and other end-users; to provide for the resolution of certain complaints and disputes; to provide for interim measures to prevent certain breaches; to lay down rules on administrative sanctions applicable to breaches of regulatory provisions, including provisions adopted, and binding decisions of the Commission for Communications Regulation, pursuant to that Directive, in order to ensure that such provisions are implemented and that penalties for failure to do so are appropriate, effective, proportionate and dissuasive; to amend the European Union (Electronic Communications Code) Regulations 2022 ( S.I. No. 444 of 2022 ); to amend the Communications Regulation Act 2002 ; to amend the Digital Hub Development Agency Act 2003 ; to amend the Postal and Telecommunications Services Act 1983 to enable funding to be made available for the purposes of maintaining the post office network and countering consequences of withdrawal of the United Kingdom from the European Union; and to provide for related matters.<\/p>\n<p>[2nd March, 2023]<\/p>\n<p>Be it enacted by the Oireachtas as follows:<\/p>\n<p>PART 1<\/p>\n<p>Preliminary and General<\/p>\n<p>Short title, collective citation, construction and commencement<\/p>\n<p>1. (1) This Act may be cited as the Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023.<\/p>\n<p>(2) The Communications Regulation Acts 2002 to 2017 and this Act (other than Parts 10 and 11 ) may be cited together as the Communications Regulation Acts 2002 to 2023 and shall be construed together as one.<\/p>\n<p>(3) This Act, other than this Part, shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.<\/p>\n<h4>Interpretation<\/h4>\n<p>2. (1) In this Act\u2014<\/p>\n<p>\u201cAct of 1926\u201d means the Wireless Telegraphy Act 1926 ;<\/p>\n<p>\u201cAct of 1972\u201d means the European Communities Act 1972 ;<\/p>\n<p>\u201cBEREC\u201d means the Body of European Regulators for Electronic Communications;<\/p>\n<p>\u201cbreach of conditions\u201d means a breach of the conditions of\u2014<\/p>\n<p>(a) a general authorisation,<\/p>\n<p>(b) any rights of use for radio spectrum,<\/p>\n<p>(c) any rights of use for numbering resources, or<\/p>\n<p>(d) the specific obligations referred to in Article 13(2) of the Directive;<\/p>\n<p>\u201cCode Regulations\u201d means the European Union (Electronic Communications Code) Regulations 2022 ( S.I. No. 444 of 2022 );<\/p>\n<p>\u201cCommission\u201d means the Commission for Communications Regulation;<\/p>\n<p>\u201cconsumer\u201d means any individual who uses or requests a publicly available electronic communications service for purposes which are outside his or her trade, business, craft or profession;<\/p>\n<p>\u201cdate of service\u201d, in relation to a notice or notification, means the date on which the notice or notification is given in accordance with section 60 of the Principal Act;<\/p>\n<p>\u201cDirective\u201d means Directive 2018\/1972 of the European Parliament and of the Council of 11 December 20182 establishing the European Electronic Communications Code (Recast);<\/p>\n<p>\u201cgeneral authorisation\u201d means an authorisation for a person to provide an electronic communications network or service under and in accordance with regulations made under the Act of 1972 giving effect to Article 12 of the Directive;<\/p>\n<p>\u201cMinister\u201d means Minister for the Environment, Climate and Communications;<\/p>\n<p>\u201cprescribed\u201d means prescribed by regulations made by the Minister;<\/p>\n<p>\u201cPrincipal Act\u201d means the Communications Regulation Act 2002 ;<\/p>\n<p>\u201crecord\u201d means any memorandum, book, report, statement, register, plan, chart, map, drawing, specification, diagram, program, algorithm, data, code, software, formula, pictorial or graphic work or other document, any photograph, film or recording (whether of sound or images or both), any form (including machine-readable form) or thing in which data (such as engineering data or personal data) or information is held or stored manually, mechanically, digitally or electronically and anything that is a part or a copy in any form, of any of, or any combination of, the foregoing, whether claimed as confidential or not;<\/p>\n<p>\u201cregulatory breach\u201d means a failure to comply with\u2014<\/p>\n<p>(a) a regulatory provision,<\/p>\n<p>(b) a relevant vendor measure,<\/p>\n<p>(c) a confidentiality requirement of the Minister under section 26 (1),<\/p>\n<p>(d) a direction under section 33 (2),<\/p>\n<p>(e) a commitment under section 67 , or<\/p>\n<p>(f) an urgent interim measure;<\/p>\n<p>\u201cregulatory provision\u201d has the meaning given to it by section 60 ;<\/p>\n<p>\u201crelevant vendor measure\u201d has the meaning given to it by section 25 ;<\/p>\n<p>\u201curgent interim measures\u201d and \u201curgent interim measures notice\u201d each has the meaning given to it by section 57 .<\/p>\n<p>(2) A word or expression that is used in this Act and that is also used in the Directive has, unless the context otherwise requires, the same meaning in this Act that it has in the Directive.<\/p>\n<h4>Regulations<\/h4>\n<p>3. (1) The Minister may make regulations in relation to any matter referred to in this Act as prescribed or to be prescribed or to be the subject of regulations, or otherwise for the purpose of enabling any of its provisions to have full effect.<\/p>\n<p>(2) Regulations made under this Act may contain such incidental, supplementary, consequential or transitional provisions as appear to the Minister to be necessary for the purposes of the regulations.<\/p>\n<p>(3) The Minister may consult with the Commission before making regulations under this Act.<\/p>\n<p>(4) Every regulation under this Act shall be laid before each House of the Oireachtas as soon as may be after it has been made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.<\/p>\n<p>Exercise of powers of authorised officers for purposes of Act<\/p>\n<p>4. An authorised officer may exercise any powers exercisable by him or her under the Principal Act (other than a power exercisable for a purpose specified in section 39(3A) of the Principal Act) for the purposes of this Act.<\/p>\n<p>PART 2<\/p>\n<h4>Security of Networks and Services<\/h4>\n<h4>Interpretation (Part 2)<\/h4>\n<p>5. In this Part\u2014<\/p>\n<p>\u201cCSIRT\u201d means the unit of the Department of the Environment, Climate and Communications known as the computer security incident response team;<\/p>\n<p>\u201cENISA\u201d means the European Union Agency for Network and Information Security;<\/p>\n<p>\u201cprovider\u201d means a provider of public electronic communications networks or of publicly available electronic communications services;<\/p>\n<p>\u201csecurity audit\u201d means the process of examining and evaluating, by such means as are necessary, a provider\u2019s overall ability to appropriately manage the risks posed to the security of networks and services, including the provider\u2019s ability to prevent and minimise the impact of security incidents on users and on other networks and services;<\/p>\n<p>\u201csecurity incident\u201d means any action that compromises the availability, authenticity, integrity or confidentiality of networks and services, of stored or transmitted or processed data, or of the related services offered by, or accessible via, those electronic communications networks or services;<\/p>\n<p>\u201csecurity measures guidelines\u201d has the meaning given to it by section 7 ;<\/p>\n<p>\u201csecurity of networks and services\u201d means the ability of electronic communications networks and services to resist, at a given level of confidence, any action that compromises the availability, authenticity, integrity or confidentiality of those networks and services, of stored or transmitted or processed data, or of the related services offered by, or accessible via, those electronic communications networks or services.<\/p>\n<h4>Obligation on providers to take measures to manage risk<\/h4>\n<p>6. (1) Providers shall take appropriate and proportionate technical and organisational measures to manage the risks posed to the security of networks and services.<\/p>\n<p>(2) Measures taken in accordance with subsection (1) shall ensure a level of security appropriate to the risk presented having regard to the state of the art.<\/p>\n<p>(3) In particular, measures, including the use of encryption where appropriate, shall be taken by providers to prevent security incidents and minimise the impact of any security incident on users and on other networks and services.<\/p>\n<p>(4) The Minister, having consulted with the Commission, may make regulations in relation to the types of measures to be taken by providers to manage risks in accordance with subsection (1).<\/p>\n<p>(5) Regulations under subsection (4) may\u2014<\/p>\n<p>(a) contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of ensuring that risks posed to the security of networks and services are appropriately managed,<\/p>\n<p>(b) apply generally or to such class of providers, electronic communications networks or electronic communications services, technologies, equipment, associated facilities or associated services as the Minister may prescribe, and<\/p>\n<p>(c) include different provisions in relation to different classes of providers, electronic communications networks or electronic communications services, technologies, equipment, associated facilities or associated services.<\/p>\n<p>(6) Subject to subsection (8), the Minister shall, before making regulations under subsection (4), publish a draft of the proposed regulations on a website maintained by or on behalf of the Department of the Environment, Climate and Communications and allow a period of 30 days beginning on the day on which the draft is published during which persons may make written representations to the Minister in relation to the proposed regulations.<\/p>\n<p>(7) The Minister may, having considered any representations received during the period specified in subsection (6), make the regulations with or without modification.<\/p>\n<p>(8) Where the Minister is satisfied that regulations under subsection (4) are required urgently in order to prevent a serious imminent risk to the security of networks and services, to the health or safety of persons or to property, the Minister may make the regulations without complying with subsection (6).<\/p>\n<p>(9) Subsections (1), (2) and (3) areregulatory provisions.<\/p>\n<p>(10) A provider that fails to comply with a provision of regulations made under this section that is stated in the regulations to be a penal provision commits an offence and is liable on summary conviction to a class A fine.<\/p>\n<h4>Security measures guidelines<\/h4>\n<p>7. (1) The Minister may, for the purpose of providing practical guidance to providers, having consulted with the Commission and such other persons as he or she may consider appropriate\u2014<\/p>\n<p>(a) prepare and publish guidelines on the implementation of technical and organisational measures to manage the risks posed to the security of networks and services, and<\/p>\n<p>(b) approve guidelines, or any part of guidelines, on the implementation of technical and organisational measures to manage the risks posed to the security of networks and services made or published by another person,<\/p>\n<p>(each referred to in this Act as \u201csecurity measures guidelines\u201d).<\/p>\n<p>(2) Without prejudice to the generality of subsection (1), security measures guidelines may relate to any of the following:<\/p>\n<p>(a) the risks posed to the security of networks and services;<\/p>\n<p>(b) the types of measures considered appropriate for securing electronic communications networks and services;<\/p>\n<p>(c) guidance on the implementation methods of specified measures;<\/p>\n<p>(d) standards or technical specifications that may be considered appropriate for the implementation of specified measures;<\/p>\n<p>(e) certification schemes that may be considered appropriate to adopt for the implementation of specified measures;<\/p>\n<p>(f) commencement times for certain measures;<\/p>\n<p>(g) transitional provisions for providers.<\/p>\n<p>(3) Before publishing or approving security measures guidelines, the Minister shall publish a draft of the proposed guidelines on a website maintained by or on behalf of the Department of the Environment, Climate and Communications and allow a period of 30 days beginning on the day on which the draft is published during which persons may make written representations in relation to the proposed guidelines.<\/p>\n<p>(4) The Minister may, having considered any representations received during the period specified in subsection (3), publish or, as the case may be, approve the guidelines with or without modification.<\/p>\n<p>(5) Where the Minister approves guidelines he or she shall publish the approved guidelines or a notice to that effect.<\/p>\n<p>(6) Where the Minister is satisfied that security measures guidelines are required urgently in order to prevent a serious imminent risk to the security of networks and services, to the health or safety of persons or to property, the Minister may publish or approve the guidelines without consulting in accordance with subsection (3).<\/p>\n<p>(7) The Minister may publish security measures guidelines in such form or manner as he or she considers appropriate, including on the internet, and any security measures guidelines published shall specify the date from which they have effect.<\/p>\n<h4>Courts, etc. to have regard to security measures guidelines<\/h4>\n<p>8. In any legal proceedings before a court or tribunal, the court or tribunal shall have regard to a security measures guideline in determining any question arising in the proceedings if\u2014<\/p>\n<p>(a) the question relates to a time when the guideline was in force, and<\/p>\n<p>(b) the guideline appears to the court or tribunal to be relevant to the question.<\/p>\n<h4>Commission to have regard to security measures guidelines in connection with carrying out functions<\/h4>\n<p>9. The Commission shall have regard to any security measures guideline in determining any question arising in relation to it carrying out its functions if\u2014<\/p>\n<p>(a) the question relates to a time when the guideline was in effect, and<\/p>\n<p>(b) the guideline appears to the Commission to be relevant to determining the question.<\/p>\n<h4>Adjudicator to have regard to security measures guidelines in connection with carrying out functions<\/h4>\n<p>10. An adjudicator shall have regard to any security measures guideline in determining any question arising in relation to it carrying out its functions under Part 7 if\u2014<\/p>\n<p>(a) the question relates to a time when the guideline was in force, and<\/p>\n<p>(b) the guideline appears to the adjudicator to be relevant to the question.<\/p>\n<h4>Providers to notify Commission of any incident of significant impact on networks or services<\/h4>\n<p>11. (1) A provider shall, where any security incident occurs that has had or is having a significant impact on the operation of the provider\u2019s electronic communications networks or services, notify the Commission in accordance with subsection (3) without undue delay.<\/p>\n<p>(2) In order to determine whether the impact of a security incident is significant for the purposes of subsection (1) a provider shall have regard to the following matters in respect of the incident:<\/p>\n<p>(a) the duration of the incident;<\/p>\n<p>(b) the number of users affected;<\/p>\n<p>(c) any class of users particularly affected;<\/p>\n<p>(d) the geographical area affected;<\/p>\n<p>(e) the extent to which the functioning of the network or service was affected;<\/p>\n<p>(f) the impact of the incident on economic and societal activities;<\/p>\n<p>(g) the cause of the incident and any particular circumstances that resulted in the security incident.<\/p>\n<p>(3) A notification made under subsection (1) shall contain the following information in relation to the incident:<\/p>\n<p>(a) the provider\u2019s name;<\/p>\n<p>(b) the public electronic communications network or publicly available electronic communications services provided by it affected by the incident;<\/p>\n<p>(c) the date and time the incident occurred and its duration;<\/p>\n<p>(d) the information specified in paragraphs (a) to (g) of subsection (2).<\/p>\n<p>(e) information concerning the nature and impact of the incident;<\/p>\n<p>(f) information concerning any or any likely cross-border impact;<\/p>\n<p>(g) such other information as the Commission may specify.<\/p>\n<p>(4) Where a provider notifies the Commission of an incident in accordance with this section it shall, as soon as practicable, notify the Commission when the incident is resolved and of the actions taken by it to remedy the incident and, where applicable, any actions taken to reduce the likelihood of a similar incident occurring in the future.<\/p>\n<p>(5) Where the Commission is notified of a security incident under subsection (1) it shall\u2014<\/p>\n<p>(a) inform the Minister of the notification, and<\/p>\n<p>(b) where the Commission, having consulted with the Minister, considers it appropriate to do so, notify the competent authorities of other Member States and ENISA.<\/p>\n<p>(6) Where the Commission determines, having consulted with the Minister, that the disclosure of a security incident notified under subsection (1) is in the public interest it may inform the public of the incident or require the provider concerned to do so.<\/p>\n<p>(7) Subsections (1), (2), (3) and (4) are regulatory provisions.<\/p>\n<p>(8) A provider\u2014<\/p>\n<p>(a) who fails to notify the commission in accordance with subsection (1).<\/p>\n<p>(b) who fails to make all reasonable efforts to provide the information referred to in subsection (3), or<\/p>\n<p>(c) that is required by the Commission under subsection (6) to inform the public of a security incident and that fails to do so,<\/p>\n<p>commits an offence and is liable on summary conviction to a class A fine.<\/p>\n<p>(9) The Commission shall in each year submit a summary report to the Minister, the European Commission and ENISA on the notifications received and the actions taken by the Commission in accordance with this section.<\/p>\n<h4>Providers to notify users of particular and significant threat of security incident<\/h4>\n<p>12. (1) In the case of a particular and significant threat of a security incident in public electronic communications networks or publicly available electronic communications services, a provider of such networks or services shall\u2014<\/p>\n<p>(a) inform its users potentially affected by such a threat of any possible protective measures or remedies which can be taken by the users, and<\/p>\n<p>(b) where appropriate, inform its users of the threat itself.<\/p>\n<p>(2) Subsection (1) is a regulatory provision.<\/p>\n<p>(3) A provider who fails to inform its users in accordance with subsection (1)(a) commits an offence and is liable on summary conviction to a class A fine.<\/p>\n<p>Commission to seek to ensure compliance by providers with Part 2<\/p>\n<p>13. The Commission shall take reasonable steps to ensure that providers comply with the obligations placed on them by or under this Part.<\/p>\n<h4>Power of Commission to serve security measures directions<\/h4>\n<p>14. (1) A provider shall, on the request of the Commission, provide the Commission with the information needed to assess the security of the provider\u2019s networks and services, including documented security policies.<\/p>\n<p>(2) The Commission may serve a direction (referred to in this Part as a \u201csecurity measures direction\u201d) on a provider\u2014<\/p>\n<p>(a) to remedy a security incident,<\/p>\n<p>(b) to prevent a security incident from occurring when a significant threat has been identified, or<\/p>\n<p>(c) to ensure that the provider is in compliance with this Part.<\/p>\n<p>(3) Without prejudice to the generality of subsection (2), a security measures direction may require a provider to do one or more of the following:<\/p>\n<p>(a) to implement specified measures within specified time limits to remedy a security incident or prevent one from occurring when a significant threat has been identified;<\/p>\n<p>(b) where the Commission has reasonable grounds to believe that a provider is failing, or has failed, to act in accordance with this Part, regulations under this Part or security measures guidelines, to provide a statement to the Commission indicating what measures the provider has taken to comply with the relevant regulations or guidelines and, where the provider has failed to act in accordance with regulations or guidelines, explaining the reasons for such failure;<\/p>\n<p>(c) to provide information needed to assess the security of their networks and services, including documented security policies;<\/p>\n<p>(d) to submit to a security audit by the Commission or a qualified independent person nominated by the Commission and make the results of any security audit not carried out by the Commission available to the Commission;<\/p>\n<p>(e) to bear the costs of an audit under paragraph (d).<\/p>\n<p>(f) to implement specified measures within specified time limits in order to remedy any deficiencies identified during an assessment referred to in paragraph (c) or a security audit referred to in paragraph (d).<\/p>\n<p>(4) A direction under subsection (2) takes effect\u2014<\/p>\n<p>(a) immediately upon its service, where the Commission considers, and states in the direction, that it is necessary that the direction take effect immediately to prevent a serious imminent risk to the security of networks and services, the health or safety of persons or to property, and<\/p>\n<p>(b) in any other case upon the expiration of the period allowed for representations to be made under subsection (5).<\/p>\n<p>(5) A provider that is the subject of a security measures direction may make written representations to the Commission in respect of the direction within the period of 14 days beginning on the date on which the direction is served on the provider and the Commission shall consider any representations made to it during that period and affirm (with or without modification) or withdraw the direction.<\/p>\n<p>(6) Where a direction is affirmed under subsection (5) the Commission shall notify the provider concerned.<\/p>\n<p>(7) A provider that fails to comply with a security measures direction commits an offence and is liable on summary conviction to a class A fine.<\/p>\n<h4>Security audits<\/h4>\n<p>15. (1) Where the Commission serves a security measures direction on a provider requiring the provider to submit to a security audit the Commission may appoint such member of the staff of the Commission, or such other suitably qualified independent person as the Commission considers appropriate,(referred to in this section as a \u201csecurity auditor\u201d) to carry out the security audit in accordance with the direction.<\/p>\n<p>(2) A security auditor shall, on his or her appointment, be provided by the Commission with a certificate of his or her appointment and when exercising a power referred to in subsection (3) shall, if requested by any person thereby affected, produce such certificate to that person for inspection.<\/p>\n<p>(3) Where the Commission serves a security measures direction on a provider requiring the provider to submit to a security audit a security auditor may, for the purposes of carrying out the audit, exercise any power exercisable by an authorised officer under the Principal Act (other than a power exercisable for a purpose specified in section 39(3A) of the Principal Act) and where a security auditor exercises such a power a reference to an authorised officer exercising such a power in the Principal Act shall include a reference to the security auditor.<\/p>\n<h4>Assistance and information sharing<\/h4>\n<p>16. (1) The Commission may, for the purposes of exercising its functions under this Part, consult, cooperate, share information with, or obtain the assistance of\u2014<\/p>\n<p>(a) the CSIRT,<\/p>\n<p>(b) a Computer Security Incident Response Team in another Member State designated pursuant to Article 9 of Directive (EU) 2016\/11483 , and<\/p>\n<p>(c) a national regulatory authority in another Member State to whom a task under the Directive has been assigned.<\/p>\n<p>(2) The Commission shall, where appropriate, consult and cooperate with the Garda S\u00edoch\u00e1na, the competent authorities designated in accordance with Regulations 7 and 8 of the European Union (Measures for a High Common Level of Security of Network and Information Systems) Regulations 2018 ( S.I. No. 360 of 2018 ), the competent authorities within the meaning of Article 8(1) of Directive (EU) 2016\/11484 and the Data Protection Commission in relation to any matter concerning this Part.<\/p>\n<p>(3) The Commission shall consult and cooperate with the Data Protection Commission in relation to any incident involving personal data (within the meaning of Regulation (EU) 2016\/679 of the European Parliament and of the Council of 27 April 20165 ).<\/p>\n<p>(4) Information shared under this Part may include personal data.<\/p>\n<p>(5) Where the Commission receives or shares information under this Part in relation to a provider the Commission shall take all reasonable steps to protect the confidentiality of the information so shared, the security of networks and services and the commercial interests of the provider to which the information relates.<\/p>\n<h4>Appeal of decisions, etc. under Part 2, Part 4 or Code Regulations<\/h4>\n<p>17. (1) Neither a decision or a requirement of\u2014<\/p>\n<p>(a) the Commission under this Part or Part 4 , or the Code Regulations (other than Regulation 98 and 99), or<\/p>\n<p>(b) the Minister under Regulation 70, 76 or 100 of the Code Regulations,<\/p>\n<p>shall be challenged, including as to its validity, other than by way of an appeal under this section.<\/p>\n<p>(2) For the avoidance of doubt, in respect of a decision or requirement referred to in subsection (1) no proceeding (including an application for judicial review) may be brought before the courts other than an appeal under this section.<\/p>\n<p>(3) A person affected by a decision or a requirement of\u2014<\/p>\n<p>(a) the Commission under this Part or Part 4 , or the Code Regulations (other than Regulation 98 and 99), or<\/p>\n<p>(b) the Minister under Regulation 70, 76 or 100 of the Code Regulations,<\/p>\n<p>(referred to in this section as the \u201cdecision\u201d) may, not later than 28 days after the person receives notice of the decision, appeal the decision to the High Court.<\/p>\n<p>(4) Pending the outcome of an appeal, the decision of the Commission or the Minister, as the case may be, shall stand unless on application to the High Court, the Court suspends the application of the decision until the determination of an appeal or its withdrawal.<\/p>\n<p>(5) The respondent to an appeal referred to in subsection(3)(a) shall be the Commission.<\/p>\n<p>(6) The respondent to an appeal referred to in subsection (3)(b) shall be the Minister.<\/p>\n<p>(7) A person that brings an appeal under this section shall, on the same date as it makes such appeal notify the respondent of the fact that it has made the appeal and of the grounds on which it has made the appeal.<\/p>\n<p>(8) The High Court may, for the purpose of ensuring the efficient, fair and timely determination of an appeal, give directions in respect of the conduct of the appeal.<\/p>\n<p>(9) An appellant shall, when making an appeal precisely state all of the grounds in law and fact upon which the appeal is made and shall provide to the Court all of the documents and evidence which it is alleged support the granting of the appeal or upon which the appellant intends to rely to support those grounds.<\/p>\n<p>(10) Subject to subsection (11), a party to an appeal shall not be entitled during the course of an appeal to make submissions to the Court other than submissions related to the grounds stated, or documents and evidence provided under subsection (9).<\/p>\n<p>(11) The Court may, upon application and where it considers it necessary for the fair and proper determination of an appeal, require or permit a party to an appeal to\u2014<\/p>\n<p>(a) make submissions to the Court other than submissions related to the grounds stated or documents and evidence provided under subsection (9), and<\/p>\n<p>(b) provide documents or evidence to the Court other than documents or evidence provided under subsection (9).<\/p>\n<p>(12) Notwithstanding subsection (11), the Court shall refuse to consider submissions, documents or evidence where it considers that\u2014<\/p>\n<p>(a) the submissions, documents or evidence are not relevant to the appeal, or<\/p>\n<p>(b) it is appropriate to do so in order to avoid undue repetition of submissions.<\/p>\n<p>(13) Where the Court has granted leave to deliver additional submissions, documents or evidence on an application under subsection (11), the Court shall give directions as to the scope, form and time-frame for delivery of such additional submissions, documents or evidence.<\/p>\n<p>(14) The Court may receive evidence by oral examination in court, by affidavit, or by deposition taken before an examiner or commissioner.<\/p>\n<p>(15) The Court, on hearing an appeal against a decision, may consider\u2014<\/p>\n<p>(a) whether the jurisdiction existed to make the decision,<\/p>\n<p>(b) whether the law was correctly applied in reaching the decision, or<\/p>\n<p>(c) whether the decision is supported by the evidence including evidence admitted in accordance with subsection (11).<\/p>\n<p>(16) In considering an appeal, the Court shall have regard to\u2014<\/p>\n<p>(a) the record of the decision the subject of the appeal,<\/p>\n<p>(b) the grounds stated by the parties to the appeal, and documents and evidence relied upon by the parties to support those grounds, under subsection (9), and<\/p>\n<p>(c) any submissions, documents or evidence admitted under subsection (11).<\/p>\n<p>(17) The Court may, on the hearing of an appeal against a decision\u2014<\/p>\n<p>(a) confirm the decision, or<\/p>\n<p>(b) where it is satisfied by reference to the grounds of appeal that a serious and significant error of law or fact, or a series of minor errors of law or fact which when taken together amount to a serious and significant error, was made in making the decision, or that the decision was made without complying with fair procedures, annul the decision in its totality or in part, and\u2014<\/p>\n<p>(i) remit the decision for reconsideration by the Commission or the Minister, as the case may be, subject to such directions as the Court considers appropriate, or<\/p>\n<p>(ii) vary the decision and substitute such other decision as the Court considers appropriate.<\/p>\n<p>Appeal to Court of Appeal from decision under section 17<\/p>\n<p>18. The decision of the High Court under section 17 shall be final and no appeal shall lie from the decision of the High Court to the Court of Appeal in any case save with leave of the High Court, which leave shall only be granted where the High Court certifies that its decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be made to the Court of Appeal.<\/p>\n<p>PART 3<\/p>\n<h4>Security measures in respect of certain vendors<\/h4>\n<h4>Interpretation (Part 3)<\/h4>\n<p>19. In this Part\u2014<\/p>\n<p>\u201ccomponent\u201d includes any function, technology, equipment, hardware, software, facility, good or service used in the provision of electronic communications networks or electronic communications services;<\/p>\n<p>\u201ccritical component\u201d means a critical component prescribed by the Minister under section 20 ;<\/p>\n<p>\u201cprovider\u201d means a provider of public electronic communications networks or of publicly available electronic communications services;<\/p>\n<p>\u201crelevant vendor\u201d means a vendor, in respect of which the Minister has made an assessment under section 22 ;<\/p>\n<p>\u201cthird country\u201d means a country other than a Member State of the European Union, an EEA state, Switzerland and the United Kingdom;<\/p>\n<p>\u201cvendor\u201d means a person who, normally for remuneration, provides components, functions, technology, equipment, hardware, software, facilities or services to providers of electronic communications networks to build or operate the network.<\/p>\n<h4>Critical components<\/h4>\n<p>20. (1) The Minister may prescribe any component or any class of components as a critical component or critical components.<\/p>\n<p>(2) Without prejudice to the generality of subsection (1), in prescribing a component or class of components, the Minister may have regard to:<\/p>\n<p>(a) the impact a compromise of a component referred to in subsection (1) would have on the availability, authenticity, integrity or confidentiality of those networks and services;<\/p>\n<p>(b) the likelihood of a compromise of such a component;<\/p>\n<p>(c) the extent of the impact a compromise of such a component would have on national security, or economic or societal activities;<\/p>\n<p>(d) the number of users likely affected by a compromise of such a component.<\/p>\n<h4>Minister to assess likelihood of vendor being subjected to interference by third country<\/h4>\n<p>21. (1) The Minister may assess at any time, and on an ongoing basis, the likelihood of a vendor being subjected to interference by a third country.<\/p>\n<p>(2) Without prejudice to the generality of the matters that the Minister may consider for the purposes of subsection (1), the Minister shall have regard to the following matters when making an assessment under that subsection:<\/p>\n<p>(a) whether or not a strong link exists between the vendor and the government of any third country;<\/p>\n<p>(b) the status of the rule of law and the political situation within the third country in question, in particular whether or not there is democratic or legislative oversight, including an independent judiciary, in place, and whether or not data protection or security agreements exist between the European Union and the third country in question;<\/p>\n<p>(c) the characteristics of the vendor\u2019s business ownership and practices, in particular whether the ownership structure is transparent and whether the vendor\u2019s sources of finance are transparent;<\/p>\n<p>(d) the ability of the third country in question to exert any form of pressure upon the vendor, including in relation to influencing where equipment is to be manufactured;<\/p>\n<p>(e) whether or not the third country, from which the vendor originates, conducts or is associated with an offensive cyber policy.<\/p>\n<h4>Assessment as relevant vendor<\/h4>\n<p>22. (1) Where the Minister makes an assessment\u2014<\/p>\n<p>(a) in accordance with section 21 , that there is a likelihood of a vendor being subjected to interference by a third country,<\/p>\n<p>(b) that there is a significant risk that a vendor will not be able to secure supply of critical components,<\/p>\n<p>(c) that the overall quality of critical components supplied by a vendor is inadequate, or<\/p>\n<p>(d) that the cybersecurity practices of a vendor are inadequate,<\/p>\n<p>the Minister may take measures in accordance with section 25 .<\/p>\n<p>(2) The Minister may conduct an assessment under subsection (1) at any time and on an ongoing basis.<\/p>\n<h4>Minister may consult for the purposes of assessments under this Part<\/h4>\n<p>23. The Minister may consult with such persons as the Minister considers appropriate for the purposes of sections 21 and 22 .<\/p>\n<p>Obligation to provide information for the purposes of assessments under this Part<\/p>\n<p>24. (1) The Minister may request any person to provide information that the Minister reasonably believes he or she requires for the purpose of section 21 or 22 .<\/p>\n<p>(2) A person who fails to make all reasonable efforts to comply with a request under subsection (1) commits an offence and is liable\u2014<\/p>\n<p>(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or both, or<\/p>\n<p>(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine not exceeding \u20ac250,000, or both.<\/p>\n<h4>Relevant vendor measures<\/h4>\n<p>25. (1) Subject to section 22 , the Minister may, if he or she considers it necessary to control risks to the security of electronic communications networks or electronic communications services which may affect national security, by notice in writing (referred to in this Part as a \u201c relevant vendor notice\u201d), take any of the following measures (referred to in this Act as a \u201crelevant vendor measure\u201d):<\/p>\n<p>(a) prohibit the installation by a provider of critical components made or supplied by a relevant vendor;<\/p>\n<p>(b) prohibit or restrict the use by a provider of critical components made or supplied by a relevant vendor;<\/p>\n<p>(c) place conditions on the installation or use by a provider of critical components made or supplied by a relevant vendor;<\/p>\n<p>(d) prohibit the installation or use by a provider at a specified location of critical components made or supplied by a relevant vendor;<\/p>\n<p>(e) require a provider to remove, disable or modify critical components made or supplied by a relevant vendor;<\/p>\n<p>(f) place a restriction, expressed as a percentage of the total quantity of critical components used by the provider on their network or any part of their network, on the quantity of critical components made by a relevant vendor that a provider may use;<\/p>\n<p>(g) where critical components made or supplied by a relevant vendor are in use by a provider, require the provider to use these critical components in a specified manner or at a specified location.<\/p>\n<p>(2) A relevant vendor notice shall specify\u2014<\/p>\n<p>(a) the provider or providers to which it applies,<\/p>\n<p>(b) that the Minister considers it necessary to take the measures contained in the order to control risks to the security of electronic communications networks or electronic communications services which may affect national security,<\/p>\n<p>(c) where the Minister considers that consultation under section 27 (1) would be contrary to the interests of national security, the reasons therefor,<\/p>\n<p>(d) the reasons for the issuing of the notice, and<\/p>\n<p>(e) the time at which the notice comes into operation.<\/p>\n<p>(3) Paragraph (d) of subsection (2) shall not apply where the Minister considers that specifying the reasons for the issuing of the notice in the notice would be contrary to the interests of national security.<\/p>\n<p>(4) The Minister may at any time, by further notice in writing, revoke or vary a relevant vendor measure.<\/p>\n<p>(5) Where the Minister makes, varies or revokes a relevant vendor notice he or she shall give the notice, in accordance with section 60 of the Principal Act, to any provider to which the notice applies.<\/p>\n<p>(6) Where the Minister gives notice to a provider in accordance with subsection (5), the Minister shall take all reasonable steps to give a copy of the notice to the relevant vendor specified in the notice.<\/p>\n<p>(7) The requirement in subsection (6) shall not apply to the giving of a relevant vendor notice if the Minister considers that giving a copy of the notice to the relevant vendor would be contrary to the interests of national security.<\/p>\n<p>(8) A provider that fails to comply with a relevant vendor measure or a notice varying such a measure given to such provider or made under subsection (1) commits an offence and is liable\u2014<\/p>\n<p>(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or both, or<\/p>\n<p>(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine not exceeding \u20ac250,000, or both.<\/p>\n<h4>Confidentiality of relevant vendor notice<\/h4>\n<p>26. (1) The Minister may require a provider to which a relevant vendor measure applies to treat as confidential the existence or contents of the measure and of the relevant vendor notice in circumstances where the Minister considers that disclosure of the measures imposed by the notice or of the contents of the notice would be contrary to the interests of national security.<\/p>\n<p>(2) A provider that fails to comply with a requirement made under subsection (1) commits an offence and is liable\u2014<\/p>\n<p>(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or both, or<\/p>\n<p>(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine not exceeding \u20ac250,000, or both.<\/p>\n<h4>Consultation before taking measures under section 25<\/h4>\n<p>27. (1) The Minister, before taking any measures under section 25 , shall\u2014<\/p>\n<p>(a) consult with the provider or providers which would be subject to the proposed measures, and<\/p>\n<p>(b) make reasonable efforts to consult with the relevant vendor in respect of which the measures are proposed to be taken.<\/p>\n<p>(2) The requirement in subsection (1) shall not apply if the Minister considers that such consultation would be contrary to the interests of national security.<\/p>\n<h4>Appeal of relevant vendor measure<\/h4>\n<p>28. (1) A relevant vendor measure shall not be challenged, including as to its validity, other than by way of an appeal under this section.<\/p>\n<p>(2) For the avoidance of doubt, in respect of a measure under section 25 , no proceeding (including an application for judicial review) may be brought before the courts other than an appeal under this section.<\/p>\n<p>(3) A person affected by a relevant vendor measure or a variation of such measure may, not later than 28 days after the person receives notice of the measure or variation, appeal the measure or variation to the High Court.<\/p>\n<p>(4) Pending the outcome of an appeal, the measure taken by the Minister, shall stand, unless on application to the High Court, the Court suspends the application of the measure until the determination of an appeal or its withdrawal.<\/p>\n<p>(5) A person that brings an appeal under this section shall, on the same date as it makes such appeal, notify the Minister of the fact that it has made the appeal and of the grounds on which it has made the appeal.<\/p>\n<p>(6) The High Court may, for the purpose of ensuring the efficient, fair and timely determination of an appeal, give directions in respect of the conduct of the appeal.<\/p>\n<p>(7) An appellant shall, when making an appeal, precisely state all of the grounds in law and fact upon which the appeal is made and shall provide to the Court all of the documents and evidence which it is alleged support the granting of the appeal or upon which the appellant intends to rely to support those grounds.<\/p>\n<p>(8) Subject to subsection (9), a party to an appeal shall not be entitled during the course of an appeal to make submissions to the Court other than submissions related to the grounds stated or documents and evidence provided under subsection (7).<\/p>\n<p>(9) The Court may, upon application and where it considers it necessary for the fair and proper determination of an appeal, require or permit a party to an appeal to\u2014<\/p>\n<p>(a) make submissions to the Court other than submissions related to the grounds stated or documents and evidence provided under subsection (7), and<\/p>\n<p>(b) provide documents or evidence to the Court other than documents or evidence provided under subsection (7).<\/p>\n<p>(10) Notwithstanding subsection (9), the Court shall refuse to consider submissions, documents or evidence where it considers that\u2014<\/p>\n<p>(a) the submissions, documents or evidence are not relevant to the appeal, or<\/p>\n<p>(b) it is appropriate to do so in order to avoid undue repetition of submissions.<\/p>\n<p>(11) Where the Court has granted leave to deliver additional submissions, documents or evidence on an application under subsection (9), the Court shall give directions as to the scope, form and time-frame for delivery of such additional submissions, documents or evidence.<\/p>\n<p>(12) The Court may receive evidence by oral examination in court, by affidavit, or by deposition taken before an examiner or commissioner.<\/p>\n<p>(13) The Court, on hearing an appeal against a decision, may consider\u2014<\/p>\n<p>(a) whether the jurisdiction existed to make the decision,<\/p>\n<p>(b) whether the law was correctly applied in reaching the decision, or<\/p>\n<p>(c) whether the decision is supported by the evidence including evidence admitted in accordance with subsection (9).<\/p>\n<p>(14) In considering an appeal, the Court shall have regard to\u2014<\/p>\n<p>(a) the record of the decision the subject of the appeal,<\/p>\n<p>(b) the grounds stated by the parties to the appeal, and documents and evidence relied upon by the parties to support those grounds, under subsection (7), and<\/p>\n<p>(c) any submissions, documents or evidence admitted under subsection (9).<\/p>\n<p>(15) The Court may, on the hearing of an appeal against a decision\u2014<\/p>\n<p>(a) confirm the decision, or<\/p>\n<p>(b) where it is satisfied by reference to the grounds of appeal that a serious and significant error of law or fact, or a series of minor errors of law or fact which when taken together amount to a serious and significant error, was made in making the decision, or that the decision was made without complying with fair procedures, annul the decision in its totality or in part, and remit the decision for reconsideration by the Minister subject to such directions as the Court considers appropriate.<\/p>\n<p>Material not publicly available that relates to security of the State<\/p>\n<p>29. (1) Where an appeal of a relevant vendor measure or a variation in such measure relates to or involves any decision, evidence, document, material or any other matter that is not publicly available and relates to the security of the State, (referred to in this Part as \u201crelevant material\u201d), the High Court may\u2014<\/p>\n<p>(a) where it is satisfied by information on oath or affirmation of the Minister, or of an officer of the Minister appointed by the Minister to provide such information, that there are reasonable grounds for believing that the disclosure to an appellant of relevant material would create a risk to the security of the State\u2014<\/p>\n<p>(i) where satisfied that the relevant material can be redacted in a way that removes that risk, direct the Minister to provide the relevant material to the appellant subject to such redactions, or<\/p>\n<p>(ii) where satisfied that the relevant material or part thereof can be summarised or described in a way that removes that risk, direct the Minister to provide the appellant with such a summary or description,<\/p>\n<p>(b) where it is not satisfied by the information on oath or affirmation referred to in paragraph (a) that the disclosure to a party of relevant material would create a risk to the security of the State, direct that the relevant material or such part of that material as the High Court may direct, be provided to the party, and<\/p>\n<p>(c) take relevant material into account in making its decision in relation to the appeal regardless of the extent to which, or ways in which, the relevant material is provided to the appellant in accordance with this section.<\/p>\n<p>(2) The Minister shall comply with a direction of the High Court under subsection (1).<\/p>\n<p>(3) The information on oath or affirmation provided to the High Court under subsection (1) shall not, without the express authorisation of the Minister, be disclosed by the Court, an officer or agent of the Court, or any other person, to any person other than a party to an appeal.<\/p>\n<p>(4) When providing information on oath or affirmation under subsection (1), the Minister may apply to the High Court ex parte for an order that\u2014<\/p>\n<p>(a) the information shall not be provided to a party to the appeal, and<\/p>\n<p>(b) a summary of the information, provided to the High Court with the application, shall be provided to the party.<\/p>\n<p>(5) The High Court shall grant the order applied for under subsection (4) if it is satisfied that\u2014<\/p>\n<p>(a) the Minister has grounds for believing that providing the information on oath or affirmation under subsection (1) to a party would create a risk to the security of the State, and<\/p>\n<p>(b) the summary provided with the application for that order is sufficiently clear and detailed to allow the party effectively to challenge the basis on which, or way in which, the information on oath or affirmation is not being provided to it, or provided to it in part, as the case may be, and the Minister shall comply with such an order.<\/p>\n<p>(6) A person, other than a judge, who contravenes subsection (3) commits an offence and shall be liable\u2014<\/p>\n<p>(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or both, or<\/p>\n<p>(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine not exceeding \u20ac250,000, or both.<\/p>\n<h4>Hearing of appeal of relevant vendor measure other than in public<\/h4>\n<p>30. If the High Court is satisfied, on an application by the Minister, that the hearing of an appeal of a relevant vendor measure, or a variation in such measure, is likely to result in the disclosure of relevant material and that such disclosure would create a risk to the security of the State it shall exclude from the hearing of the appeal all persons except\u2014<\/p>\n<p>(a) a judge hearing the matter,<\/p>\n<p>(b) a judicial assistant, or other court personnel, whose presence is necessary for the judge to hear the matter,<\/p>\n<p>(c) the parties to the proceedings,<\/p>\n<p>(d) the legal representatives of the parties to the proceedings, and<\/p>\n<p>(e) a witness whose evidence is relevant to the proceedings, for as long as the witness\u2019s presence is required for the purpose of providing such evidence, unless it is satisfied that the interests of justice require any other person not to be so excluded.<\/p>\n<h4>Appeal to Court of Appeal from decision under section 28<\/h4>\n<p>31. The decision of the High Court under section 28 shall be final and no appeal shall lie from the decision of the High Court to the Court of Appeal in any case save with leave of the High Court, which leave shall only be granted where the High Court certifies that its decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be made to the Court of Appeal.<\/p>\n<h4>Commission to report to Minister on this Part<\/h4>\n<p>32. The Commission shall issue a report to the Minister on the operation of this Part annually or as requested by the Minister.<\/p>\n<h4>Commission to monitor providers\u2019 compliance with relevant vendor measures<\/h4>\n<p>33. (1) The Commission shall take reasonable steps to monitor providers\u2019 compliance with relevant vendor measures.<\/p>\n<p>(2) For the purposes of subsection (1), the Commission may serve a direction on a provider which may require the provider to do one or more of the following:<\/p>\n<p>(a) to provide information needed to assess whether a provider has complied with a relevant vendor measure taken by the Minister;<\/p>\n<p>(b) where the Commission has reasonable grounds to believe that a provider is failing, or has failed, to comply with a relevant vendor measure, to provide a statement to the Commission indicating what measures the provider has taken to comply with the measure and, where the provider has failed to comply with the measure, explaining the reasons for such failure;<\/p>\n<p>(c) to submit to a security audit referred to in subsection (3) by the Commission or a qualified independent person nominated by the Commission and to make the results of any security audit not carried out by the Commission available to the Commission;<\/p>\n<p>(d) to bear the costs of an audit under paragraph (c).<\/p>\n<p>(3) Where the Commission serves a direction on a provider under subsection (2) requiring the provider to submit to a security audit, the Commission may appoint such member of the staff of the Commission or such other suitably qualified independent person as the Commission considers appropriate, (referred to in this section as a \u201csecurity auditor\u201d) to carry out the security audit in accordance with the direction.<\/p>\n<p>(4) A security auditor shall, on his or her appointment, be provided by the Commission with a certificate of his or her appointment and when exercising a power referred to in subsection (5) shall, if requested by any person thereby affected, produce such certificate to that person for inspection.<\/p>\n<p>(5) Where the Commission serves a direction under subsection (2) on a provider requiring the provider to submit to a security audit a security auditor may, for the purposes of carrying out the audit, exercise any power exercisable by an authorised officer under the Principal Act (other than a power exercisable for a purpose specified in section 39(3A) of the Principal Act) and where a security auditor exercises such a power a reference to an authorised officer exercising such a power in the Principal Act shall include a reference to the security auditor.<\/p>\n<p>(6) A direction under subsection (2) takes effect\u2014<\/p>\n<p>(a) immediately upon its service, where the Commission considers, and states in the direction, that it is necessary that the direction take effect immediately to prevent a serious imminent risk to the security of networks and services, the health or safety of persons or to property, and<\/p>\n<p>(b) in any other case upon the expiration of the period allowed for representations to be made under subsection (7).<\/p>\n<p>(7) A provider that is the subject of a direction under subsection (2) may make written representations to the Commission in respect of the direction within the period of 14 days beginning on the date on which the direction is served on the provider and the Commission shall consider any representations made to it during that period and affirm (with or without modification) or withdraw the direction.<\/p>\n<p>(8) Where a direction is affirmed under subsection (7), the Commission shall notify the provider concerned.<\/p>\n<p>(9) A provider that fails to comply with a direction under subsection (2) commits an offence and is liable on summary conviction to a class A fine.<\/p>\n<h4>Review of operation of Part<\/h4>\n<p>34. The Minister shall\u2014<\/p>\n<p>(a) not later than the end of the period of 2 years beginning on the day on which this Act is passed, commence a review of the operation of this Part, and<\/p>\n<p>(b) not later than 12 months after the end of the period of 2 years referred to in paragraph (a), make a report to each House of the Oireachtas of the findings made on such review and of the conclusions drawn from those findings.<\/p>\n<p>PART 4<\/p>\n<h4>Measures to assist consumers and other end-users<\/h4>\n<h4>Interpretation (Part 4)<\/h4>\n<p>35. In this Part, \u201cminimum quality-of-service standard\u201d means a minimum quality-of-service standard specified by the Commission under section 37 .<\/p>\n<h4>Commission may require publication of information on quality of service<\/h4>\n<p>36. (1) The Commission may require providers of internet access services and of publicly available interpersonal communications services to publish within a specified period comprehensive, comparable, reliable, user-friendly and up-to-date information for end-users on\u2014<\/p>\n<p>(a) the quality of their technical services, to the extent that they control at least some elements of the network either directly or by virtue of a service level agreement to that effect,<\/p>\n<p>(b) the quality of their non-technical services, and<\/p>\n<p>(c) measures taken to ensure equivalence in access for end-users with disabilities.<\/p>\n<p>(2) The Commission may require providers of publicly available interpersonal communications services to inform consumers within a specified period if the quality of the services they provide depends on any external factors such as control of signal transmission or network connectivity.<\/p>\n<p>(3) The Commission may require that a provider, before publishing information under subsection (1) or informing consumers under subsection (2), supply the relevant information to the Commission.<\/p>\n<p>(4) Where the Commission requires the publication of information referred to in subsection (1), it shall specify, taking account of BEREC guidelines, the quality-of-service parameters to be measured, the applicable measurement methods, and the content, form and manner of the information to be published, including possible quality certification mechanisms and may, where it considers it appropriate, specify the parameters, definitions and measurement methods set out in Annex X to the Directive.<\/p>\n<p>(5) Providers shall ensure that any measures that they take pursuant to this section comply with Regulation (EU) 2015\/2120 of 25 November 20156 .<\/p>\n<h4>Minimum quality-of-service standards<\/h4>\n<p>37. (1) The Commission may specify minimum quality-of-service standards to be met by providers of internet access services or publicly available interpersonal communications services when providing such services to end-users generally, or such class of end-user as the Commission may specify, in respect of any of the following:<\/p>\n<p>(a) customer service, including\u2014<\/p>\n<p>(i) available customer service channels,<\/p>\n<p>(ii) response times on available customer service channels,<\/p>\n<p>(iii) time taken to revert to a customer if an issue is not resolved on first contact, and<\/p>\n<p>(iv) escalation to complaint handling;<\/p>\n<p>(b) complaint handling, including\u2014<\/p>\n<p>(i) available complaint handling channels,<\/p>\n<p>(ii) acknowledgement times, and<\/p>\n<p>(iii) time taken to resolve a dispute;<\/p>\n<p>(c) outages and repairs, including\u2014<\/p>\n<p>(i) notification of planned and unplanned service outages,<\/p>\n<p>(ii) time taken to restore service in the event of service interruption,<\/p>\n<p>(iii) available channels for end-users to report outages,<\/p>\n<p>(iv) times for provision of acknowledgement and estimated outage information to end-users after an outage has been reported, and<\/p>\n<p>(v) timelines and methods for provision of updates on the outage;<\/p>\n<p>(d) switching services, including\u2014<\/p>\n<p>(i) availability of handset unlocking facilities,<\/p>\n<p>(ii) time taken to unlock a handset after any residual payment owing to a provider has been made, and<\/p>\n<p>(iii) methods for payment of residual fees, where applicable;<\/p>\n<p>(e) billing and refunds, including\u2014<\/p>\n<p>(i) time taken to review billing queries and complaints and to make any refund where a bill is found to have been incorrect,<\/p>\n<p>(ii) measures to avoid bill-shock, and<\/p>\n<p>(iii) instances of incorrect billing;<\/p>\n<p>(f) disconnection policy in case of non-payment of bills, including\u2014<\/p>\n<p>(i) instances where disconnections may occur,<\/p>\n<p>(ii) end-user notification in advance of disconnection,<\/p>\n<p>(iii) service restrictions, and<\/p>\n<p>(iv) reconnection process and fees;<\/p>\n<p>(g) connections, including\u2014<\/p>\n<p>(i) the time for initial connection to the network,<\/p>\n<p>(ii) connection failure rates, and<\/p>\n<p>(iii) missed and delayed service and installation appointments;<\/p>\n<p>(h) such other matters as the Minister may prescribe relating to paragraphs (a) to (g).<\/p>\n<p>(2) The Commission may make and publish guidelines in relation to the application of minimum quality-of-service standards and providers shall have regard to those guidelines.<\/p>\n<h4>Customer charters<\/h4>\n<p>38. (1) The Commission may require providers of internet access services or publicly available interpersonal communications services to prepare, publish and keep updated a document to be entitled, and referred to in this Act as, a \u201ccustomer charter\u201d.<\/p>\n<p>(2) The Commission may specify\u2014<\/p>\n<p>(a) the form of a customer charter and the information required to be included in a charter, including minimum quality-of-service standards under section 37 ,<\/p>\n<p>(b) the manner (including frequency) of updates required to a customer charter,<\/p>\n<p>(c) the classes of end-users that a charter is required to address, and<\/p>\n<p>(d) the manner (including frequency) in which a customer charter is required to be published and notified to customers.<\/p>\n<p>(3) The Commission may, where no minimum levels of quality of service are offered by a provider, require the provider to publish a statement to this effect in the customer charter or in such other form or manner as the Commission considers appropriate.<\/p>\n<p>(4) The Commission shall require a provider referred to in subsection (1) to measure its performance against the standards set out in its customer charter and to report to the Commission on such performance in such form and manner as the Commission specifies.<\/p>\n<p>(5) The Commission may arrange, or require a provider referred to in subsection (1) to arrange, an independent audit or review paid for by the provider of the performance of the provider measured against the standards set out in its customer charter.<\/p>\n<p>(6) The Commission may publish details of a provider\u2019s performance measured against the standards set out in its customer charter in such manner as the Commission considers appropriate.<\/p>\n<p>(7) The Commission may, where it considers that a provider is not complying with subsection (1), (2) or (3), serve a direction on the provider specifying the measures required to be taken to comply with the relevant provision.<\/p>\n<p>(8) A provider of internet access services or publicly available interpersonal communications services who fails to comply with\u2014<\/p>\n<p>(a) a requirement under subsections (1), (3) and (5), or<\/p>\n<p>(b) a direction of the Commission under subsection (7).<\/p>\n<p>commits an offence and is liable on summary conviction to a class A fine.<\/p>\n<h4>End-user compensation<\/h4>\n<p>39. (1) The Commission may, for the purposes of this section, specify a failure (referred to in this section as a \u201cspecified failure\u201d) of a provider of internet access services or number-based interpersonal communications services (referred to in this section as a \u201cprovider\u201d) to comply with an obligation under\u2014<\/p>\n<p>(a) a minimum quality-of-service standard, or<\/p>\n<p>(b) Regulation 90 of the Code Regulations.<\/p>\n<p>(2) Where a provider commits a specified failure the provider shall pay compensation to any end-user affected.<\/p>\n<p>(3) Where the Commission specifies a failure under subsection (1) providers shall, not later than 3 months thereafter, prepare and publish a scheme (in this section referred to as a \u201ccompensation scheme\u201d) setting out the compensation that end-users are to be entitled to in respect of the specified failure and a transparent procedure by which compensation shall be paid.<\/p>\n<p>(4) A compensation scheme shall include at least the following in respect of the specified failure\u2014<\/p>\n<p>(a) a user-friendly description of the procedure by which compensation is paid,<\/p>\n<p>(b) the amount of compensation that end-users are entitled to,<\/p>\n<p>(c) the means by which compensation will be paid, and<\/p>\n<p>(d) the time periods within which end-users will receive compensation.<\/p>\n<p>(5) Providers shall ensure that the amount to which end-users are entitled under a compensation scheme is sufficient to compensate them having regard, inter alia, to\u2014<\/p>\n<p>(a) the nature of any loss of service experienced,<\/p>\n<p>(b) the duration of any loss of service experienced, and<\/p>\n<p>(c) any failure on the part of the provider to keep end-users informed throughout the process.<\/p>\n<p>(6) A provider shall not charge an end-user any fee in connection with the payment of compensation.<\/p>\n<p>(7) The Commission may determine that providers pay compensation to end-users in respect of a specified failure without the need for an end-user to make a complaint or a claim for compensation.<\/p>\n<p>(8) A compensation scheme shall be published by the provider on its website in a clear and comprehensible format that is easily accessible by end-users and, in particular, by end-users with disabilities and in any other manner as may be specified by the Commission.<\/p>\n<p>(9) Where a provider prepares a compensation scheme it shall ensure that end-users are informed about the scheme in a user-friendly manner.<\/p>\n<p>(10) Where a provider prepares a compensation scheme it shall ensure that end-users are informed, in a clear and comprehensible way, that the compensation scheme does not prejudice their right to pursue compensation in respect of a specified failure by other legal means or proceedings.<\/p>\n<p>(11) The Commission may specify the amount of compensation to be payable in respect of a specified failure.<\/p>\n<p>(12) Providers shall report to the Commission annually in relation to the operation of this section in such manner as may be required by the Commission, detailing in particular, in respect of the period to which the report relates\u2014<\/p>\n<p>(a) the specified failures in respect of which compensation was paid by the provider,<\/p>\n<p>(b) the number of instances of each specified failure in respect of which compensation was paid by the provider,<\/p>\n<p>(c) the amount of compensation that was paid in respect of each specified failure by the provider, and<\/p>\n<p>(d) the average time taken by the provider to pay compensation to an end-user.<\/p>\n<p>(13) The Commission may require a provider to submit to an independent audit or review, paid for by the provider, on its compliance with this section.<\/p>\n<p>(14) This section, other than s ubsections (1), (7), (11) and (13), is a regulatory provision.<\/p>\n<p>(15) This section is without prejudice to the right of\u2014<\/p>\n<p>(a) an end-user to pursue compensation in respect of a specified failure by other legal means or proceedings, including where the end-user considers any compensation granted under this section is not adequate, and<\/p>\n<p>(b) the Commission or any other person to bring proceedings in respect of a specified failure.<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>Chapter 9<\/p>\n<h4>Revocation, transitional provisions and consequential amendments<\/h4>\n<p>Transitional provision where certain notifications have been given<\/p>\n<p>117. (1) Where, on the coming into operation of this section\u2014<\/p>\n<p>(a) an undertaking has been notified and given an opportunity to state its views or remedy non-compliance in accordance with Regulation 37(1) of the European Communities (Electronic Communications Networks and Services) (Framework) Regulations 2011 ( S.I. No. 333 of 2011 ) by the Regulator (within the meaning of those Regulations),<\/p>\n<p>(b) an operator or undertaking has been notified and given an opportunity to state its views or remedy non-compliance in accordance with Regulation 19(1) of the European Communities (Electronic Communications Networks and Services) (Access) Regulations 2011 ( S.I. No. 334 of 2011 ) by the Regulator (within the meaning of those Regulations),<\/p>\n<p>(c) an undertaking has been notified and given an opportunity to state its views or remedy non-compliance in accordance with Regulation 16(3) of the European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2011 ( S.I. No. 335 of 2011 ) by the Regulator (within the meaning of those Regulations), or<\/p>\n<p>(d) an undertaking has been notified and given an opportunity to state its views or remedy non-compliance in accordance with Regulation 31(2) of the European Communities (Electronic Communications Networks and Services) (Universal Service and Users\u2019 Rights) Regulations 2011 ( S.I. No. 337 of 2011 ) by the Regulator (within the meaning of those Regulations),<\/p>\n<p>an authorised officer may, subject to section 70 , where the authorised officer suspects on reasonable grounds that the operator or undertaking notified has committed or is committing a regulatory breach, with the consent of the Commission, refer the matter in accordance with section 71 for adjudication.<\/p>\n<p>(2) Where an authorised officer makes a referral referred to in subsection (1), Part 7 (including sections 67 and 68 ) shall apply in respect of such referral.<\/p>\n<p>PART 8<\/p>\n<p>Amendment of Code Regulations<\/p>\n<h4>Amendment of Code Regulations<\/h4>\n<p>118. Regulation 108 of the Code Regulations is amended by the substitution of \u201con conviction on indictment, to a fine not exceeding \u20ac10,000,000\u201d for \u201con conviction on indictment, to a fine not exceeding \u20ac500,000\u201d.<\/p>\n<p>PART 9<\/p>\n<h4>Miscellaneous Amendments to Principal Act<\/h4>\n<p>Amendment of section 2 of Principal Act<\/p>\n<p>119. Section 2 of the Principal Act is amended\u2014<\/p>\n<p>(a) by the substitution of the following definition for the definition of \u201cassociated facilities\u201d:<\/p>\n<p>\u201c\u2018associated facilities\u2019 means associated services, physical infrastructures and other facilities or elements associated with an electronic communications network or an electronic communications service which enable or support the provision of services via that network or service, or have the potential to do so, and include buildings or entries to buildings, building wiring, antennae, towers and other supporting constructions, ducts, conduits, masts, manholes, and cabinets;\u201d,<\/p>\n<p>(b) by the insertion of the following definition after the definition of \u201cassociated facilities\u201d:<\/p>\n<p>\u201c\u2018associated service\u2019 means a service associated with an electronic communications network or an electronic communications service which enables or supports the provision, self-provision or automated-provision of services via that network or service, or has the potential to do so, and includes number translation or systems offering equivalent functionality, conditional access systems and electronic programme guides (EPGs), as well as other services such as identity, location and presence service;\u201d,<\/p>\n<p>(c) by the substitution of the following definition for the definition of \u201celectronic communications network\u201d:<\/p>\n<p>\u201c\u2018electronic communications network\u2019 means transmission systems, whether or not based on a permanent infrastructure or centralised administration capacity, and, where applicable, switching or routing equipment and other resources, including network elements which are not active, which permit the conveyance of signals by wire, radio, optical or other electromagnetic means, including satellite networks, fixed (circuit-and packet-switched, including internet) and mobile networks, electricity cable systems, to the extent that they are used for the purpose of transmitting signals, networks used for radio and television broadcasting, and cable television networks, irrespective of the type of information conveyed;\u201d,<\/p>\n<p>(d) by the substitution of the following definition for the definition of \u201cend-user\u201d:<\/p>\n<p>\u201c\u2018end-user\u2019 means a user not providing public electronic communications network or publicly available electronic communications services;\u201d,<\/p>\n<p>(e) by the insertion of the following definition after the definition of \u201cend-user\u201d:<\/p>\n<p>\u201c\u2018end-user of premium rate services\u2019 means a person to whom such a service is supplied, or who has asked for the supply of such a service otherwise than for the purpose of resupply;\u201d,<\/p>\n<p>(f) by the substitution of the following definition for the definition of \u201celectronic communications service\u201d:<\/p>\n<p>\u201c\u2018electronic communications service\u2019 means a service normally provided for remuneration via electronic communications networks, which encompasses, with the exception of services providing, or exercising editorial control over, content transmitted using electronic communications networks and services, the following types of services:<\/p>\n<p>(a) \u2018internet access service\u2019 as defined in point (2) of the second paragraph of Article 2 of Regulation (EU) 2015\/2120 of 25 November 2015 7 ,<\/p>\n<p>(b) interpersonal communications service, and<\/p>\n<p>(c) services consisting wholly or mainly in the conveyance of signals such as transmission services used for the provision of machine to machine services and for broadcasting;\u201d,<\/p>\n<p>and<\/p>\n<p>(g) by the insertion of the following definition after the definition of \u201cfinancial year\u201d:<\/p>\n<p>\u201c\u2018interpersonal communications service\u2019 means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient and does not include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service;\u201d.<\/p>\n<p>Amendment of section 10 of Principal Act<\/p>\n<p>120. Section 10 of the Principal Act is amended\u2014<\/p>\n<p>(a) in subsection (1) \u2014<\/p>\n<p>(i) by the insertion of the following paragraph after paragraph (ae):<\/p>\n<p>\u201c(af) to ensure compliance with, and to carry out the functions assigned to it by, the European Union (Electronic Communications Code) Regulations 2022 ( S.I. No. 444 of 2022 ),\u201d<\/p>\n<p>(ii) in paragraph (da), by the substitution of \u201con those networks\u201d for \u201con those networks, and\u201d,<\/p>\n<p>(iii) in paragraph (e), by the substitution of \u201cof radio equipment, and\u201d for \u201cof radio equipment.\u201d, and<\/p>\n<p>(iv) by the insertion of the following paragraph after paragraph (e):<\/p>\n<p>\u201c(f) to advise the Minister, when requested by him or her, on matters relating to the electronic communications market and matters relating to the functions of the Commission.\u201d,<\/p>\n<p>and<\/p>\n<p>(b) by the substitution of the following subsection for subsection (2):<\/p>\n<p>\u201c(2) The Commission may carry out an investigation referred to in subsection (1) either on its own initiative or on foot of a complaint.\u201d.<\/p>\n<p>Power of Minister to request advice from Commission<\/p>\n<p>121. The Principal Act is amended by the insertion of the following section after section 12:<\/p>\n<p>\u201c12A. The Minister may request the Commission to advise him or her on matters relating to the electronic communications market and matters relating to the functions of the Commission.\u201d.<\/p>\n<h4>Power of Commission to obtain information<\/h4>\n<p>122. The Principal Act is amended by the substitution of the following section for section 13D:<\/p>\n<p>\u201c13D. (1) The Commission may at any time, by notice in writing, require\u2014<\/p>\n<p>(a) an undertaking,<\/p>\n<p>(b) a person providing a service in a sector closely related to that of the provision of electronic communications networks or services or associated facilities, or<\/p>\n<p>(c) a premium rate service provider,<\/p>\n<p>to provide it with such written information as it considers necessary to enable it to carry out its functions or to comply with a requirement made to it by the Minister under section 13B.<\/p>\n<p>(2) A requirement by the Commission under subsection (1) may include a requirement that the undertaking or person concerned gather together, generate or obtain information for the purposes of providing it pursuant to that requirement.<\/p>\n<p>(3) Any information provided to the Commission in accordance with subsection (1) may be used by the Commission to enable it to carry out any of its functions.<\/p>\n<p>(4) An undertaking or person referred to in subsection (1) that\u2014<\/p>\n<p>(a) fails to comply with a requirement made under subsection (1) within the period specified in the notice or within such extended period as the Commission allows, or<\/p>\n<p>(b) in purporting to comply with such a requirement, knowingly or grossly negligently provides misleading, erroneous or incomplete information to the Commission,<\/p>\n<p>commits an offence and is liable on summary conviction to a class A fine.<\/p>\n<p>(5) In proceedings for an offence involving a failure by an undertaking or a person referred to in subsection (1) to comply with a requirement made under subsection (1), it is a defence if the undertaking or person establishes that\u2014<\/p>\n<p>(a) the undertaking or person did not know and could not reasonably be expected to know, ascertain or obtain the required information, or<\/p>\n<p>(b) the disclosure of the information was prohibited by a law of the State.\u201d.<\/p>\n<h4>Power of Commission to share information with Minister<\/h4>\n<p>123. The Principal Act is amended by the insertion of the following section after section 13E:<\/p>\n<p>\u201c13EA. (1) The Commission may, where the Minister so requests, provide the Minister with any information that the Minister considers may assist the Minister in the formulation of policy relating to electronic communications networks and services and associated facilities.<\/p>\n<p>(2) Where the Commission intends to provide information to the Minister under this section which was obtained by the Commission from a person who is or, at the time the information was obtained from the person, was\u2014<\/p>\n<p>(a) an undertaking,<\/p>\n<p>(b) a person that provides, or provided, associated facilities, or<\/p>\n<p>(c) such other person referred to in section 13D(1),<\/p>\n<p>the Commission shall notify the person in writing that the Commission intends to share the information with the Minister and afford the person an opportunity to make representations to it on the matter within a period of 7 days beginning on the date on which such notification is given or such further period as may be specified by the Commission.<\/p>\n<p>(3) The Commission may, taking into account any representations made to it under subsection (2), identify information provided to the Minister as being confidential information.<\/p>\n<p>(4) Where the Minister receives information identified by the Commission as confidential information and the Minister is satisfied that such information is confidential information, he or she shall protect the confidentiality of such information.\u201d.<\/p>\n<h4>Amendment of section 39 of Principal Act<\/h4>\n<p>124. Section 39 of the Principal Act is amended\u2014<\/p>\n<p>(a) in subsection (3) (as amended by section 37 (a) of the Competition (Amendment) Act 2022 )\u2014<\/p>\n<p>(i) by the insertion of \u201ca related enactment,\u201d after \u201cthis Act,\u201d, and<\/p>\n<p>(ii) by the insertion of the following paragraph after paragraph (j):<\/p>\n<p>\u201c(k) require any person who appears to the authorised officer to be in a position to facilitate access to the documents or records stored in any data equipment or computer on the premises, land or vessel or at the place or in the vehicle or which can be accessed by the use of that data equipment or computer to give the authorised officer all reasonable assistance in relation to the operation of the data equipment or computer or access to the records stored in it, including by giving to the authorised officer any password necessary to access the documents or records concerned, or to make the documents or records legible and comprehensible,<\/p>\n<p>(l) take possession of and detain any computer, machinery, apparatus, appliance or any equipment or part thereof on the premises, land or vessel or at the place or in the vehicle as he or she considers appropriate.\u201d,<\/p>\n<p>and<\/p>\n<p>(b) by the insertion of the following subsection after subsection (10) (inserted by section 37 (e) of the Competition (Amendment) Act 2022) :<\/p>\n<p>\u201c(11) A reference in this section to a book, document or record is a reference to a book, document or record irrespective of the medium on which it may be stored.\u201d.<\/p>\n<p>Amendment of section 40 of Principal Act<\/p>\n<p>125. Section 40 of the Principal Act is amended by the insertion of \u201con any land,\u201d after \u201cis held\u201d and by the substitution of \u201cthe land, premises\u201d for \u201cthe premises\u201d.<\/p>\n<h4>Amendment of section 43 of Principal Act<\/h4>\n<p>126. Section 43 of the Principal Act is amended\u2014<\/p>\n<p>(a) in subsection (1), by the substitution of \u201can offence under this Act or a related enactment that may be prosecuted summarily may only be prosecuted summarily\u201d for \u201ca summary offence under this Act or a related enactment may be prosecuted only\u201d, and<\/p>\n<p>(b) by the insertion of the following subsection after subsection (3):<\/p>\n<p>\u201c(4) Section 1 (1) of the Probation of Offenders Act 1907 shall not apply to an offence under this Act or a related enactment.\u201d.<\/p>\n<h4>Undertaking not to overcharge or charge for services not supplied<\/h4>\n<p>127. The Principal Act is amended by the substitution of the following section for section 45:<\/p>\n<p>\u201c45.(1) A person shall not impose, or purport to impose, a charge for supplying an electronic communications service or electronic communications product to an end-user that exceeds the amount for that service or product specified\u2014<\/p>\n<p>(a) in the undertaking\u2019s published tariff of charges, or<\/p>\n<p>(b) in a written statement previously made or given to the end-user by the undertaking in relation to that supply.<\/p>\n<p>(2) A person shall not impose, or purport to impose, a charge for an electronic communications service or electronic communications product that was\u2014<\/p>\n<p>(a) supplied to an end-user but not requested by him or her,<\/p>\n<p>(b) requested by an end-user but not supplied to him or her, or<\/p>\n<p>(c) neither supplied to, nor requested by, a person.<\/p>\n<p>(3) A person that contravenes subsection (1) or (2) commits an offence and is liable on summary conviction to a class A fine.<\/p>\n<p>(4) In carrying out an investigation to ascertain whether a person may be contravening or may have contravened subsection (1) or (2), the Commission may conduct an audit of the undertaking\u2019s billing system.<\/p>\n<p>(5) In this section, \u2018tariff of charges\u2019, in relation to a person, includes any list setting out the prices charged by the undertaking for providing electronic communications services or electronic communications products to end-users.\u201d.<\/p>\n<h4>Commission may apply to High Court for order to restrain certain repeated or apprehended contraventions<\/h4>\n<p>128. The Principal Act is amended by the substitution of the following section for section 46:<\/p>\n<p>\u201c46.(1) If it appears to the Commission that a person is contravening or has contravened or, having contravened, may in the future contravene\u2014<\/p>\n<p>(a) section 45(1) or (2),<\/p>\n<p>(b) Regulation 89 or 90 of the European Union (Electronic Communications Code) Regulations 2022, or<\/p>\n<p>(c) section 13 (1) of the Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 ,<\/p>\n<p>the Commission may apply to the High Court, by motion, for an order under subsection (7) restraining such contravention.<\/p>\n<p>(2) The Commission may conduct an audit of\u2014<\/p>\n<p>(a) the billing system, switching system or contract change system of an undertaking, or<\/p>\n<p>(b) the billing system of a premium rate service provider,<\/p>\n<p>prior to making an application to the High Court referred to in subsection (1).<\/p>\n<p>(3) The High Court may hear the application under subsection (1) only if it is satisfied that a copy of the application has been served on the undertaking or premium rate service provider concerned. On being served with such a copy, that undertaking or provider becomes the respondent to the application.<\/p>\n<p>(4) The High Court may make such interim or interlocutory order as it considers appropriate pending determination of an application made under subsection (1).<\/p>\n<p>(5) The High Court may not require the Commission to give an undertaking as to damages as a condition for the granting of an order under subsection (4).<\/p>\n<p>(6) The Court may not refuse interim or interlocutory relief under subsection (4) merely because the Commission might not suffer damage if relief were not granted pending determination of the application.<\/p>\n<p>(7) On the hearing of an application made under subsection (1), the High Court may make a restraining order requiring the undertaking or premium rate service provider to cease the contravention concerned and not to repeat it, or, if it is of the opinion that the application is not substantiated, refuse the application.<\/p>\n<p>(8) An application for a restraining order under subsection (1) may include or be accompanied by a further application for an order directing the respondent to pay to the Commission a financial penalty of such amount as is proposed by the Commission having regard to the circumstances of the contravention.<\/p>\n<p>(9) On hearing the further application, the High Court may if it is satisfied, having previously been satisfied that the respondent has contravened the provision concerned, and having regard to the circumstances surrounding the contravention, order the respondent to pay to the Commission a financial penalty of such amount as is specified in the order. The amount may be more or less than the amount proposed by the Commission.<\/p>\n<p>(10) The circumstances surrounding the contravention referred to in subsection (9) include (but are not limited to) the following:<\/p>\n<p>(a) the duration of the contravention;<\/p>\n<p>(b) the effect of the contravention on other parties to the relevant decision, and on end-users and on end-users of premium rate services;<\/p>\n<p>(c) the submission of the Commission with respect to what it considers to be the appropriate amount;<\/p>\n<p>(d) any excuse or explanation for the contravention provided by the respondent.<\/p>\n<p>(11) If the High Court makes an order under this section, it may make such ancillary orders as it considers appropriate.\u201d.<\/p>\n<p>Amendment of section 46B(1) of Principal Act<\/p>\n<p>129. Section 46B(1) of the Principal Act is amended by the insertion of \u201c, the Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023,\u201d after \u201cthis Act\u201d.<\/p>\n<h4>Amendment of section 46D of Principal Act<\/h4>\n<p>130. Section 46D of the Principal Act is amended\u2014<\/p>\n<p>(a) in subsection (1), by the insertion of \u201c, the Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023,\u201d after \u201cproceedings under this Act\u201d, and<\/p>\n<p>(b) in subsection (1), by the insertion of \u201c, the Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023,\u201d after \u201cproceedings under this Act\u201d.<\/p>\n<p>Amendment of section 57A of Principal Act<\/p>\n<p>131. Section 57A(8) of the Principal Act is amended by the substitution of the following paragraph for paragraph (b):<\/p>\n<p>\u201c(b) the effect of the non-compliance on other parties to the relevant decision, to end-users and to end-users of premium rate services.\u201d.<\/p>\n<h4>Service of notices<\/h4>\n<p>132. The Principal Act is amended by the substitution of the following section for section 60:<\/p>\n<p>\u201c60. (1) Where a notice is required to be given to a person under this Act, the Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023 or a related enactment, the notice shall be given in one of the following ways:<\/p>\n<p>(a) by delivering it to the person (where the person is an individual);<\/p>\n<p>(b) by leaving it addressed to the person at a relevant address;<\/p>\n<p>(c) by sending it, addressed to the person, to a relevant address by pre-paid registered post or other pre-paid recorded delivery service;<\/p>\n<p>(d) by sending it to the person by electronic means in accordance with subsection (5).<\/p>\n<p>(2) In subsection (1)(b) and (c), \u2018relevant address\u2019 means any of the following:<\/p>\n<p>(a) the address at which the person ordinarily resides;<\/p>\n<p>(b) an address at which the person carries on business;<\/p>\n<p>(c) a postal address at which the person has agreed in writing to receive notices under this Act or a related enactment.<\/p>\n<p>(3) For the purposes of subsection (2)(a), a company registered under the Companies Act 2014 , or an existing company within the meaning of that Act, is deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body is deemed to be ordinarily resident at its principal office or place of business.<\/p>\n<p>(4) For the purposes of subsection (1)(d), a notice is sent to a person by electronic means in accordance with this subsection if\u2014<\/p>\n<p>(a) it is sent to an email address, fax number, or other electronic contact point, at which the person has agreed in writing to receive notices under this Act, and<\/p>\n<p>(b) a record that the email, fax, or other electronic message has been sent is made for the sender by the email system, fax machine, or other electronic system used.<\/p>\n<p>(5) A notice to which subsection (1) applies\u2014<\/p>\n<p>(a) if given in accordance with subsection (1)(a), is given at the time when it is delivered,<\/p>\n<p>(b) if given in accordance with subsection (1)(b), is given at the time when it is left at the relevant address,<\/p>\n<p>(c) if given in accordance with subsection (1)(c), is deemed, unless the contrary is proved, to be given at the time when it would be delivered in the ordinary course of the post or other service used, and<\/p>\n<p>(d) if given in accordance with subsection (1)(d), is deemed, unless the contrary is proved, to be given at the time stated in the record referred to in subsection (4)(b).<\/p>\n<p>(6) In this section, \u2018notice\u2019 includes notification.\u201d.<\/p>\n<p>Miscellaneous amendments to Principal Act<\/p>\n<p>133. The Principal Act is amended by the insertion of the following section after section 60:<\/p>\n<p>\u201c<\/p>\n<h4>Privileged legal material<\/h4>\n<p>61. (1) Subject to subsection (2), nothing in this Act or a related enactment shall compel the disclosure by any person of privileged legal material or authorise the taking of privileged legal material.<\/p>\n<p>(2) The disclosure of information may be compelled, or possession of it taken, pursuant to this Act or a related enactment, notwithstanding that it is apprehended that the information is privileged legal material, provided that the compelling of its disclosure or the taking of its possession is done by means whereby the confidentiality of the information can be maintained (as against the person compelling such disclosure or taking such possession) pending the determination by the High Court of the issue as to whether the information is privileged legal material.<\/p>\n<p>(3) Without prejudice to subsection (4), where, in the circumstances referred to in subsection (2), information has been disclosed or taken possession of pursuant to this Act or a related enactment, the person\u2014<\/p>\n<p>(a) to whom such information has been so disclosed, or<\/p>\n<p>(b) who has taken possession of it, shall (unless the person has, within the period subsequently mentioned in this subsection, been served with notice of an application under subsection (4) in relation to the matter concerned) apply to the High Court as soon as is reasonably practicable for a determination as to whether the information is privileged legal material.<\/p>\n<p>(4) A person who, in the circumstances referred to in subsection (2), is compelled to disclose information, or from whose possession information is taken, pursuant to this Act, may apply to the High Court for a determination as to whether the information is privileged legal material.<\/p>\n<p>(5) Pending the making of a final determination of an application under subsection (3) or (4), the High Court may give such interim or interlocutory directions as the court considers appropriate including, without prejudice to the generality of the foregoing, directions as to\u2014<\/p>\n<p>(a) the preservation of the information, in whole or in part, in a safe and secure place in any manner specified by the court,<\/p>\n<p>(b) the appointment of a person with suitable legal qualifications possessing the level of experience, and the independence from any interest falling to be determined between the parties concerned, that the court considers to be appropriate for the purpose of\u2014<\/p>\n<p>(i) examining the information, and<\/p>\n<p>(ii) preparing a report for the court with a view to assisting or facilitating the court in the making by the court of its determination as to whether the information is privileged legal material.<\/p>\n<p>(6) Subsections (1) to (5) also apply to irrelevant material and references in those subsections to \u2018privileged legal material\u2019 shall be construed as referring to irrelevant material as the case may be.<\/p>\n<p>(7) An application under subsection (3), (4) or (5) shall be by motion and may, if the High Court directs, be heard otherwise than in public.<\/p>\n<p>(8) In this section\u2014<\/p>\n<p>\u2018computer\u2019 includes a personal organiser or any other electronic means of information storage or retrieval;<\/p>\n<p>\u2018information\u2019 means information contained in a book, document or record, a computer or otherwise;<\/p>\n<p>\u2018irrelevant material\u2019 means information which, in the opinion of the High Court, a person is entitled to refuse to produce on the grounds that it is not relevant to the purpose for which it is sought by the Commission;<\/p>\n<p>\u2018privileged legal material\u2019 means information which, in the opinion of the High Court, a person is entitled to refuse to produce on the grounds of legal professional privilege.<\/p>\n<h4>Freedom of Information Act not to apply to certain confidential information<\/h4>\n<p>62. The Freedom of Information Act 2014 shall not apply to information classified as confidential which the Commission receives from the European Commission or from the national regulatory authority or competent authority of another Member State in accordance with Article 20 of Directive 2018\/1972 of the European Parliament and of the Council of 11 December 20188 .<\/p>\n<h4>Publication of certain notices<\/h4>\n<p>63. Before taking any measure in accordance with Directive 2018\/1972 of the European Parliament and of the Council of 11 December 2018 9 which will have a significant impact on a relevant market, the Commission shall publish the text of the proposed measure, give the reasons for it, including information as to which of the Commission\u2019s statutory powers gives rise to the measure, and specify the period within which submissions relating to the proposal may be made by interested parties.\u201d.<\/p>\n<h4>Amendment to Part 2 of Schedule 1 to Principal Act<\/h4>\n<p>134. Part 2 of Schedule 1 (inserted by section 18 of the Communications Regulation (Amendment) Act 2007 ) to the Principal Act is amended\u2014<\/p>\n<p>(a) in paragraph (58), by substituting \u201c( S.I. No. 414 of 2006 );\u201d for \u201c( S.I. No. 414 of 2006 ).\u201d, and<\/p>\n<p>(b) by the insertion of the following paragraphs after paragraph (58):<\/p>\n<p>\u201c(59) European Communities (Electromagnetic Compatibility) Regulations 2016 ( S.I. No. 145 of 2016 );<\/p>\n<p>(60) European Union (Low Voltage Electrical Equipment) Regulations 2016 ( S.I. No. 345 of 2016 );<\/p>\n<p>(61) European Union (Reduction of Cost of Deploying High-Speed Public Communications Networks) Regulations 2016 ( S.I. No. 391 of 2016 );<\/p>\n<p>(62) European Communities (Electromagnetic Compatibility) Regulations 2017 ( S.I. No. 69 of 2017 );<\/p>\n<p>(63) European Union (Radio Equipment) Regulations 2017 ( S.I. No. 248 of 2017 );<\/p>\n<p>(64) European Union (Open Internet Access) Regulations 2019 ( S.I. No. 343 of 2019 );<\/p>\n<p>(65) European Union (Retail Charges for Regulated Intra-EU Communications) Regulations 2020 ( S.I. No. 668 of 2020 );<\/p>\n<p>(66) European Union (Low Voltage Electrical Equipment) (Amendment) Regulations 2022 ( S.I. No. 14 of 2022 );<\/p>\n<p>(67) European Union (Mobile Telephone Roaming) Regulations 2022 ( S.I. No. 315 of 2022 ).\u201d.<\/p>\n<p>PART 10<\/p>\n<h4>Amendments to Digital Hub Development Agency Act 2003<\/h4>\n<p>Amendment of Digital Hub Development Agency Act 2003<\/p>\n<p>135. The Digital Hub Development Agency Act 2003 is amended\u2014<\/p>\n<p>(a) in section 15(1), by the substitution of \u201c8 members\u201d for \u201c14 members\u201d, and<\/p>\n<p>(b) in section 17(3), by the substitution of \u201c4\u201d for \u201c6\u201d.<\/p>\n<p>PART 11<\/p>\n<h4>Amendment to Postal and Telecommunications Services Act 1983<\/h4>\n<p>Financing for the purposes of maintaining post office network and countering consequences of Brexit<\/p>\n<p>136. The Postal and Telecommunications Services Act 1983 is amended by the insertion of the following section after section 29:<\/p>\n<p>\u201c29A. (1) The Minister may, out of such monies as are available to him or her from monies provided by the Oireachtas, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, make available to the postal company a sum not exceeding \u20ac30,000,000 for the purposes of maintaining a network of post offices.<\/p>\n<p>(2) The Minister may, out of such monies as are available to him or her from the Brexit Adjustment Reserve established under Regulation (EU) 2021\/1755 of the European Parliament and of the Council of 6 October 202110 , with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, make available to the postal company a sum not exceeding \u20ac25,000,000 for the purposes of providing support to the postal company to counter the adverse economic and social consequences of the withdrawal of the United Kingdom from the European Union.<\/p>\n<p>(3) Any amounts made available to the postal company under subsection (1) or (2) shall be provided in such form and manner and on such terms and conditions as may be agreed between the Minister and the company with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform.\u201d.<\/p>\n<p>1 OJ No. L321, 17.12.2018, p. 36<\/p>\n<p>2 OJ No. L321, 17.12.2018, p. 36<\/p>\n<p>3 OJ No. L194, 19.7.2016, p. 1<\/p>\n<p>4 OJ No. L194, 19.7.2016, p. 1<\/p>\n<p>5 OJ No. L119, 4.5.2016, p. 1<\/p>\n<p>6 OJ No. L310, 26.11.2015, p. 1<\/p>\n<p>7 OJ No. L310, 26.11.2015, p. 1<\/p>\n<p>8 OJ No. L321, 17.12.2018, p. 36<\/p>\n<p>9 OJ No. L321, 17.12.2018, p. 36<\/p>\n<p>10 OJ No. L357, 8.10.2021, p. 1<\/p>\n<p>S.I. No. 318\/2003 &#8211;<\/p>\n<h2>Communications Regulation Act 2002 (Notice of Intention To Prosecute) Regulations 2003<\/h2>\n<p>I, Dermot Ahern T.D., Minister for Communications, Marine and Natural Resources, in exercise of the powers conferred on me by section 44 (1) of the Communications Regulation Act 2002 (No. 20 of 2002), hereby make the following regulations:<\/p>\n<p>1. These Regulations may be cited as the Communications Regulation Act 2002 (Notice of Intention to Prosecute) Regulations 2003.<\/p>\n<p>2. The form set out in the Schedule to these Regulations is prescribed for the purposes of section 44 (1) of the Communications Regulation Act 2002 (No. 20 of 2002.<\/p>\n<p>SCHEDULE<\/p>\n<p>Regulation 2<\/p>\n<p>Communications Regulation Act 2002<\/p>\n<p>Section 44<\/p>\n<p>Notice of Intention to Prosecute<\/p>\n<p>To: &#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;.<\/p>\n<p>Address: &#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;.<\/p>\n<p>It is alleged that on _________________ 20 ____ you have committed an offence under Regulation ____ of the European Communities ________________________________1 Regulations ____2 (S.I. No. ____ of _______3 ) in relation to contravening\/failing to comply with<\/p>\n<p>4 &#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;\u200a&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;\u200a&#8230; &#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;\u200a&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;\u200a&#8230;..<\/p>\n<p>A prosecution in respect of the alleged offence will not be instituted during the period of 21 days beginning on the date of this notice.<\/p>\n<p>If during the period of 21 days you &#8211;<\/p>\n<p>(a) remedy to the satisfaction of the Commission for Communications Regulation any default that constitutes the offence, and<\/p>\n<p>(b) pay to the Commission the sum of \u20ac1,000 accompanied by this notice,<\/p>\n<p>a prosecution in respect of the alleged offence will not be instituted.<\/p>\n<p>Dated:_________________ 20___<\/p>\n<p>Signed:&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;.<\/p>\n<p>Commission for Communications Regulation<\/p>\n<p>\/images\/seal.jpg<\/p>\n<p>GIVEN under my Official Seal,<\/p>\n<p>21st July 2003<\/p>\n<p>Dermot Ahern.<\/p>\n<p>Minister for Communications,<\/p>\n<p>Marine and Natural Resources.<\/p>\n<p>1 here set out title<\/p>\n<p>2 here insert year<\/p>\n<p>3 here insert number and year<\/p>\n<p>4 here set out brief details of alleged offence<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-28495\" data-postid=\"28495\" class=\"themify_builder_content themify_builder_content-28495 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Communications Regulation Act This Act transposes specific aspects of Directive (EU) 2018\/1972 (\u2018the Directive\u2019), 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 (\u2018ComReg\u2019) as the competent authority for the purpose of enforcing the Directive in the State. The European [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[359,254],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/28495"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=28495"}],"version-history":[{"count":20,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/28495\/revisions"}],"predecessor-version":[{"id":34370,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/28495\/revisions\/34370"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=28495"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=28495"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=28495"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}