Technology and Innovation
"Aspects of DORA will also require national transposition so EU member states will need to pass domestic legislation to give effect to DORA in their jurisdiction."
TECHNOLOGY AND INNOVATION
Data Governance Act (DGA)
EU Regulation 2022/868 on European data governance and amending Regulation (EU) 2018/1724 (DGA) aims to foster trust and confidence in data sharing and establishes certain mechanisms to facilitate data sharing. Its provisions enter into force from 24 September 2023, at which point Member States are required to have notified the Commission of the rules on penalties applicable to infringements of certain parts of the Regulation. They must also notify the Commission of the identity of competent bodies appointed; (i) in relation to the notification procedure for data intermediation services; (ii) for registration of data altruism organisations; and (iii) to assist the public sector bodies which grant or refuse access for the re-use of certain categories of data.
Digital Markets Act (DMA)
The DMA, EU Regulation 2022/1925 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828, entered into force on 1 November 2022. Once designated as a gatekeeper by the European Commission, by 6 September 2023 at the latest, an undertaking will have six months to comply with the gatekeeper obligations under the DMA.
For further information, see our detailed briefing here.
Digital Services Act (DSA)
The DSA, EU Regulation 2022/2065 on a Single Market For Digital Services and amending Directive 2000/31/EC, entered into force on 16 November 2022. While the Regulation applies from 17 February 2024, by 17 February 2023, online platforms must publish information on the average number of monthly active end users of their websites in the European Union. This information will be used to assess whether a provider is a ’very large online platform’ or ‘very large online search engine’ and particular obligations will flow from the designation.
For further information, see our detailed briefing here.
DORA and NIS 2
EU Regulation 2022/2554 on digital operational resilience for the financial services sector (DORA); and Directive 2022/2555 on measures for a high common level of cybersecurity across the Union, repealing Directive (EU) 2016/1148 (NIS 2), have now been adopted by the European Parliament and by the Council of the EU and published in the Official Journal of the European Union, each taking effect from 16 January 2023. Member States must now transpose NIS 2 into national law and apply those measures from 18 October 2024. DORA will apply generally from 17 January 2025. Aspects of DORA will also require national transposition so EU member states will need to pass domestic legislation to give effect to DORA in their jurisdiction.
For further information on key EU operational resilience and cybersecurity legislative development, see our podcast here and detailed briefing here.
Online Safety and Media Regulation Act 2022 (OSMRA)
The OSMRA transposes the revised Audiovisual Media Services Directive ((EU) 2018/1808) into Irish law and establishes a regulatory framework for online safety. It amends the Broadcasting Act 2009 and extends the application of broadcasting codes and rules to audiovisual on-demand media services. It will also establish a Media Commission, Coimisiún na Meán, in place of the Broadcasting Authority of Ireland and provide it with more extensive enforcement mechanisms, including empowering Coimisiún na Meán to carry out investigations and to impose administrative financial sanctions.
For further information on upcoming changes to content regulation in Ireland, see our podcast: Tech Trackers: Regulation in the Digital World – Upcoming Changes to Content Regulation in Ireland
"The OSMRA transposes the revised Audiovisual Media Services Directive ((EU) 2018/1808) into Irish law and establishes a regulatory framework for online safety."