Oireachtas Joint and Select Committees

Wednesday, 19 April 2023

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

General Scheme of the Digital Services Bill 2023: Discussion

Ms Sabha Greene:

It is not quite the same as the Data Protection Commission. The way it will work is that the European Commission will be an enforcement body and will have responsibility for some of the obligations that fall on the very large online platforms and search engines. "Very large", as the Deputy will probably know, means 45 million or more users. Many such companies have their EU headquarters here, so it is Irish law that will apply because the regulation is based on the country of origin principle, and the Irish regulator, Coimisiún na Meán, will have responsibility. The way the Digital Services Act is structured is that it ramps up the number of obligations depending on what type of service the company is and then its size. Five or six obligations are confined to very large platforms, but they also have to comply with all the other ones that everybody else has to comply with. The Irish regulator will, therefore, lead on enforcing those unless any particular case raises some kind of systematic concern, in which case the European Commission has the right to take over that case. It is kind of complicated.

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