This is Part 1 in our series focused on tracking the development of the EU’s AI Act. The series will provide updates and commentary as the AI Act moves through the EU’s legislative process. To set the scene, the EU Commission first adopted its Proposal for a Regulation laying down harmonised rules on artificial intelligence (the Proposed Act) back in April 2021. In ways a ground breaking piece of draft legislation, it was one of the first attempts to implement a regulatory framework which was specific to the use of artificial intelligence (AI) technology. This article aims to summarise what th ..read more

The Irish Government published its Autumn Legislative Programme on 26 September and the eagerly awaited Digital Services Bill (the DSB) is included as one of the 27 bills to be prioritised for publication this session. This is somewhat unsurprising given that the DSB was previously listed in the Government’s Summer Legislative Programme as a bill to prioritise. However, there is one interesting contrast between the descriptions of the DSB provided in the Government’s Summer and Autumn Programmes. The Autumn Programme describes the purpose of the DSB as: “To implement Regulation (EU) 2022/2065 ..read more

Following the consultation, the Coimisiún na Meán (CnaM) has today, 14 August 2023, published notice of the designation of video-sharing platform services (VSPSs) as a category of relevant online services the providers of which are under the jurisdiction of Ireland. This designation becomes effective on 11 September 2023. CnaM must designate VSPSs as a category of relevant online services under Section 139G of the Broadcasting Act 2009 as amended by the Online Safety and Media Regulation Act 2022 (OSMR). This designation is a necessary first step in ensuring that VSPSs comply with online safet ..read more

On 19 July 2023, the Irish Government announced their intention to appoint John Evans as the Digital Services Commissioner in Coimisiún na Meán (CnaM). His appointment will take effect from 24 July 2023. As per Head 6 of the General Scheme of the Digital Services Bill which was published by the Irish government earlier this year, it is intended that Mr Evans will be responsible for coordinating the supervision and enforcement of the Digital Services Act (DSA) in Ireland as the Digital Services Commissioner. He will also be responsible for liaising and cooperating with the European Commission a ..read more

On 28 June 2023, Coimisiún na Meán (CnaM) launched a consultation on the designation of video-sharing platform services (VSPSs) under the Online Safety and Media Regulation Act 2022 (the OSMR), amending the Broadcasting Act 2009. The OSMR transposes the revised Audio-Visual Media Services Directive into Irish law, which requires Member States to ensure that VSPSs take appropriate measures to protect young people from harmful content and protect the general public from illegal content. It also requires Member States to ensure that VSPSs comply with advertising standards. A VSPS is a service whe ..read more

Introduction Following its establishment earlier this year, Coimisiún na Meán (the CNM) released its first work programme on 20 June 2023. This work programme (the 2023 Programme) sets out the primary objectives of the CNM for 2023 up to February 2024. The objectives in the 2023 Programme include the following: Implementing new regulatory regimes for how online service providers deal with harmful and illegal content; Regulating broadcasting and on-demand services; Supporting the development of the wider media sector with funding schemes, together with initiatives to promote the Irish language ..read more

On 6 June 2023, the European Commission (the Commission) launched a consultation on the template for the compliance report that designated “gatekeepers” will be required to submit annually under the Digital Markets Act (DMA). Compliance Report for Gatekeepers A “core platform service” for the purposes of the DMA (for example, online search engines, web browsers and social networks) will qualify as a gatekeeper if it has: an annual turnover of at least €7.5 billion in the EU in the past three years or a market valuation of at least €75 billion; at least 45 million monthly end users and 10,000 ..read more

1 June 2023 marks a significant step forward for patent protection and enforcement in Europe with the commencement of a new unified European patent system comprising: A Unitary Patent, providing uniform protection and equal effect across all participating Member States on a one-stop-shop basis. A Unified Patent Court (UPC), offering a single, specialised patent court common to all participating Member States. We previously reported (in 2021 and 2022) on the steps taken towards the establishment of the Unitary Patent and UPC, and the legislative hurdles that needed to be overcome for their ..read more

Following the first designation of Very Large Online Platforms (“VLOPS“) and Very Large Online Search Engines (“VLOSEs”) under the Digital Services Act Regulation (“DSA“) on 25 April 2023, the European Commission has now announced a call for evidence from stakeholders to inform proposed delegated acts on data access mechanisms. The DSA contains various provisions which seek to better monitor risks and actions taken by VLOPs and VLOSEs to combat disinformation, illegal content and other societal risks. In this regard, Article 40 provides a new legal framework which requires VLOPs and VLOSEs to ..read more

In a recent significant judgment1 from the Irish Circuit Court, the judge concluded that “justice is best served” by granting a stay of a data subject’s damages claim pending determination of certain preliminary references currently before the CJEU. The court expressed a view that damages in the case, if awarded, were likely to be small and a stay would not impact the procedural efficiency of the proceedings, but a delay in granting a stay could substantially and unnecessarily increase legal costs for the defendant. According to the plaintiff, there was a third party hacking incident at the de ..read more