Catherine Martin (Dublin Rathdown, Green Party) | Oireachtas source

I move amendment No. 11:

In page 16, between lines 30 and 31, to insert the following:

“Meaning of “under the jurisdiction of the State”: providers of other services that may be relevant online services

6. The Principal Act is amended by the insertion of the following section after section 2B:

“2C. (1) For the purposes of this Act, the provider of an information society service, other than a provider to whom section 2A or 2B applies, is under the jurisdiction of the State if the provider of the service is established in the State within the meaning of Article 3(1) of the E-Commerce Directive.

(2) In this section ‘information society service’ has the same meaning as in Article 1(1)(b) of Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015.”.”.

The amendments in this group seek to clarify that the jurisdictional test for when a relevant online service which is not a video sharing platform service is established in Ireland is set out in Article 3 of the e-commerce directive. Amendment No. 11 contains the substantive section, a new section 2C to be inserted into the 2009 Act, while amendments Nos. 12 and 13 involve consequential renumbering. These amendments are purely to give greater legal clarity as to how jurisdiction for such services is determined under the Bill and do not in substance alter the legal framework set out in the Bill.