Irish Government has published The General Scheme of the Digital Services Bill 2023

On 20 March 2023 the General Scheme of the Digital Services Bill 2023 was released by the Department of Enterprise, Trade and Employment. The Digital Services Bill will support, at a national level, the Digital Services Act (Regulation (EU) 2022/2065) which came into force on 16 November 2022. Some of the DSA had immediate effect when it came into force, but the broader application of the DSA in all Member States takes effect from 17 February 2024.

The Digital Services Bill 2023 is necessary to provide effect for certain provisions of the Digital Services Act, where the EU regulation does not directly apply, such as the designation and empowerment of a competent authority. On 15 March 2023, the Online Safety and Media Regulation Act 2022 established the Coimisiún na Meán which the Irish Government has designated as the Digital Services Coordinator. Other miscellaneous matters contemplated by the General Scheme include the harmonisation of court orders for sanctioning unlawful online content, as well as the liability regime for online intermediary service providers.

The Digital Services Bill 2023 will supplement the Online Safety and Media Regulation Act 2022 with the designation and obligations of the Coimisiún na Meán as the Digital Services Coordinator. Due to the overlap between regulations, it is advised to consider the General Scheme alongside the Digital Service Act, the Online Safety Media Regulation Act 2022, and the Broadcasting Acts 2009-2023.

The General Scheme of the Digital Services Bill 2023 can be found here. The full text of the Government’s press release is available here.

If you would like further information about the Digital Services Bill 2023, please contact Deirdre Kilroy, Anna Morgan or your usual Bird & Bird contact.

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