GENERAL
Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023
GENERAL
Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023
Origin
Directive (EU) 2018/1972 establishing the European Electronic Communications Code (EECC)
General overview
The Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023 (the Act) transposes the enforcement and security provisions of Directive (EU) 2018/1972, which established the European Electronic Communications Code (EECC). The Act designates the Commission for Communications Regulation (ComReg) as the competent authority for the purpose of enforcing the EECC.
It enhances the enforcement powers that apply to ComReg, providing for independent adjudicators and the imposition of administrative sanctions as well as providing a statutory footing for Electronic Communications Security Measures.
It also provides for several consumer protection mechanisms required by the EECC and makes necessary amendments to the Communications Regulation Act 2002.
Under the Act, ComReg is empowered to set minimum quality-of-service standards for service providers. A failure to comply with these standards constitutes a Regulatory breach and ComReg can require the provider to pay compensation to a consumer.
The other component of Ireland’s transposition of the EECC was the publication of S.I. No. 444/2022 - European Union (Electronic Communications Code) Regulations 2022.
The Act was signed into law by the President on 2 March 2023. Parts 10 and 11 commenced on 8 March 2023.
The outstanding parts - 2 to 9 - commenced on 9 June 2023.
Ireland's 2022 EECC Regulations came into operation on 9 June with some amendments.
The EECC Directive and Regulation (EU) 2018/1971 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Agency for Support for BEREC (BEREC Office) (the BEREC Regulation) also amended Regulation (EU) 2015/2120 laying down measures concerning open internet access (the Open Internet Regulation). This necessitated further new regulations from Ireland as follows:
S.I. No. 301 of 2023 - European Union (Retail Charges for Regulated Intra-EU Communications) (Amendment) Regulations 2023
S.I. No. 303 of 2023 - European Union (Open Internet Access) (Amendment) Regulations 2023
The European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) (Amendment) Regulations 2019 (S.I. No. 347 of 2019) are revoked by the European Union (Electronic Communications Code) Regulations 2022, so new regulations, which amend the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 have been introduced:
S.I. No. 305 of 2023 - European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) (Amendment) Regulations 2023
Status
Act signed into law by the President on 2 March 2023
Commenced in part 8 March 2023
Remaining provisions commenced on 9 June 2023
European Union (Electronic Communications Code) Regulations 2022 in operation as of 9 June
ACT AND REGULATIONS
IN OPERATION
Useful links
- Text of the Act
- European Union (Electronic Communications Code) Regulations 2022
- Government press release (EECC)
- European Union (Electronic Communication Code) (Amendment) Regulations 2023
- Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023 (Regulatory Provisions) Regulations 2023
- Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023 (Commencement) (No. 2) Order 2023
- Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023 (Commencement) Order 2023