Eamon Ryan

The Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023 provides greater protections and means of redress for customers.

Together the Act and the European Union (Electronic Communications Code) Regulations 2022 EECC, which represents a revision of the entire EU regulatory framework for the telecommunications sector.

Communications minister Eamon Ryan said: “I am delighted that the Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023 has commenced in its entirety. This Act succeeds in establishing a regulatory landscape fit for the digital age and within which Ireland’s electronic communications sector can thrive.”

Ossian Smyth, minister of state for communications and circular economy, added: “The communications sector is a vital component of our modern society, and this has never been truer than in the last couple of years when we have relied on it more than ever.

“Making sure that ComReg have the tools to effectively regulate the sector is key not only to facilitating competition, but also to helping consumers receive the best service possible.”

The legislation provides ComReg with a new civil enforcement regime and an updated criminal enforcement procedure for the electronic communications sector.

The transposition of the security provisions of the EECC (Articles 40 and 41) provides a mechanism for the minister to specify security measures by regulation, to make guidelines relating to network security and to provide a legislative basis to enforce electronic communications security measures.

Mrr Smyth said: “Digital connectivity has become a vital part of all our lives. This bill will ensure that the operators of electronic communications networks and services are implementing rigorous security measures to protect their networks, whilst giving ComReg the appropriate powers to enforce on that high level of security.”

Robert Mourik, ComReg chair and commissioner, added: “This legislative package brings ComReg’s regulatory powers into line with those of other Irish regulators, and with telecoms regulators across the EU. It will give ComReg more effective regulatory tools to carry out its mandate.

“ComReg welcomes the introduction of a substantial number of new consumer protection measures in the legislation which provide for the establishment of minimum quality of service standards, a new compensation scheme that will entitle consumers to compensation for failings by operators, and an enhanced alternative dispute resolution mechanism for consumers.

“This legislation will benefit consumers, businesses and ultimately for the economy and society as a whole. Once all supporting statutory instruments are also in place, this legislative package will enable ComReg to exercise the full range of new powers provided for in the legislation.”