Oireachtas Joint and Select Committees

Wednesday, 19 January 2022

Joint Committee on Tourism, Culture, Arts, Sport And Media

EU Digital Services Package and the Online Safety and Media Regulation Bill: Discussion

Mr. Eoin Cuddihy:

Regarding the list of gatekeeper companies that are referenced in the DMA, the Commission had selection criteria in its original proposal. This is in chapter three of the DMA proposal. If a company meets the selection criteria, it is duly obliged to notify the Commission that it meets them and the Commission designates it as a gatekeeper and publishes this list on a yet-to-be-determined Commission forum. The Commission has indicated that it believes that there will be ten to 15 gatekeeper companies operating in Europe. The Commission did an exercise and knows which companies will be designated as gatekeepers but it has not informed member states publicly which companies will be among the ten to 15 gatekeeper companies designated under the DMA. The Commission and the companies themselves have a good idea but we are not in a position to name check ten to 15 companies until that official list is published. Until that list is published, we will not know with any degree of certainty. We have an idea of which companies will be designated but, again, we will not know until that list is published by the Commission. That list is due to be published within six to nine months of the regulation coming into effect so we will know very shortly.

Regarding the obligations, the objective of the DMA is to make digital markets more contestable. Nineteen obligations will be placed on companies designated as gatekeeper companies. We believe these 19 obligations are a very good place to start to ensure there is more competition with digital markets but also competition for digital markets. Hopefully, that addresses the Deputy's concerns.

Regarding whistleblowers, as Ms Greene mentioned, trial negotiations are under way. One of the amendments being proposed by the European Parliament is that the DMA directly reference the whistleblower directive. Again, it is not a proposal we would have discussed at Council level but we will discuss it with relevant colleagues overseeing this directive regarding its compatibility with the DMA. It does feature in the European Parliament amendments on the DMA, which we should know more about in the coming weeks.

Hopefully, that addresses the questions on the DMA. I might pass back to Ms Greene.

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