Dara Calleary (Mayo, Fianna Fail)
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Technologies and their applications continue to advance at pace and it is a challenge globally to develop regulation that is flexible and adaptable to future progression.

My Department is active in the negotiations of digital regulation at EU level, and continues to make the case in Europe for the need to strike a balance between measures necessary to secure the digital economy without impeding innovation and growth. My Department also continues to be a strong voice in Europe for protection of the country-of-origin principle.

Specifically, my Department is currently leading on several recent and forthcoming digital regulations. It is responsible for the implementation in Irish law of the EU Digital Services Act, which is a regulation that came into force in EU law in November 2022 and will fully apply in Member States from 17 February 2024. This regulation imposes due diligence obligations on online intermediary service providers with the aims of providing better protection to consumers and their fundamental rights online, establishing powerful transparency and clear accountability frameworks for online platforms, and fostering innovation, growth and competitiveness within the single market.

In March this year, Government approved the General Scheme for the Digital Services Bill. This Bill will give effect to those elements of the Digital Services Act that require national implementing measures, in particular designating Coimisiún na Meán as the lead competent authority, known as the Digital Services Coordinator. Pre-legislative scrutiny of the General Scheme was completed in June and officials in my Department are now working with the Office of the Parliamentary Council to draft the Bill.

Officials in my Department are also working on identifying provisions in the EU’s Digital Markets Act that require national implementing measures. The Digital Markets Act is an EU regulation that aims to ensure that large online platforms that act as so called "gatekeepers" in digital markets behave in a fair way online. Gatekeepers will have need to comply with the DMA by March 2024 at latest.

My Department also has responsibility for negotiations at EU level on the proposed Artificial Intelligence Act and proposed Data Act. Officials are currently undertaking Regulatory Impact Assessments for the implementation and enforcement frameworks for these Acts with a view to ensuring that these forthcoming regulations will be implemented coherently, with functions being assigned to appropriate bodies. The incoming Spanish Presidency has indicated that it is prioritising this file and it is expected that this Regulation will be agreed by the end of 2023 or early 2024.

In addition, my Department is engaged in parallel negotiations on the AI Liability Directive and the Council of Europe Convention to ensure coherence and legal certainty for business and consumers alike in regulating this rapidly evolving sector.

I fully appreciate that the volume and pace of new digital regulation emerging will present challenges to many businesses. As these regulations come into effect, Government will continue to review resources, to ensure our regulators have the right skills to implement well and the appropriate numbers of staff to actively coordinate their efforts to ensure a coherent digital regulatory framework is available for businesses.