Ireland: Department of Enterprise, Trade and Employment publishes General Scheme of the Digital Services Bill
The Department of Enterprise, Trade and Employment published, on 20 March 2023, the General Scheme of the Digital Services Bill 2023 ('the Digital Services Bill'). In particular, the Department noted that the purpose of the Digital Services Bill is to implement Regulation (EU) 2022/2065 of 19 October 2022 on a Single Market For Digital Services and Amending Directive 2000/31/EC (Digital Services Act) ('DSA') which came into force on 16 November 2022, and will fully apply in Member States from 17 February 2024.
Moreover, the Department stated that, while many of the obligations under the DSA will apply directly, some provisions will require national legislative measures. As such, the Department established that Ireland is obliged to designate and empower a competent authority, known as the Digital Services Coordinator, to supervise and implement the DSA. Therefore, the Department emphasised that the Government of Ireland has decided that it will designate Coimisiún na Meán as the Digital Services Coordinator, which was established by the Online Safety and Media Regulation Act 2022 ('the Online Safety and Media Regulation Act') on 15 March 2023.
In addition, the Department emphasised that the Digital Services Bill provides for the liability regime for providers of online intermediary services and the harmonisation of court orders to take down illegal content from online services, among other miscellaneous matters. Furthermore, the Department confirmed that the Digital Services Bill should be read in conjunction with the DSA and the Broadcasting Act 2009, as amended by the Online Safety and Media Regulation Act. Moreover, the Department highlighted that the Digital Services Bill supplements the Online Safety and Media Regulation Act with provisions that are specifically required for Coimisiún na Meán in its role as the Digital Services Coordinator.
You can read the press release here and the Digital Services Bill here.