National submission to the EU consultation on the Digital Services Act package

DBEI has prepared a National Submission for the EU public consultation on the Digital Services Act (DSA) package based on an extensive cross-Government collaboration of relevant departments and a wider stakeholder consultation.

The DSA package is divided into the e-Commerce Directive strand and the Ex-Ante Regulation Strand.

e-Commerce Directive Strand

Ireland supports an approach to the development of a Digital Services Act package which supports business and innovation while protecting consumers. We urge that any measures taken should be clearly evidence based, targeted to deal with specific concerns, and proportionate to the harms that they wish to prevent. We believe that the appropriate governance framework could have at its head a European authority or oversight entity capable of ensuring cohesion and collaboration between Member States and consistency of approach between all measures taken without any MS having a disproportionate administrative and regulatory burden.

Ex-Ante Regulation Strand

In order to justify the need for ex ante intervention, Ireland believes the onus is now on both DG CNECT and DG Grow to demonstrate that innovation is being stifled by so called ‘gatekeeper platforms’ and that digital markets are not contestable due to exclusionary behaviour. Ireland remains to be convinced that this evidence base exists at present. Ireland supports innovation and aspires to position itself as a global leader in this field. It also fully supports competition in the marketplace and full market contestability. Were it to be convincingly demonstrated that there is potential for increased competition in digital markets, that these markets are not contestable, and innovation is being stifled by large platforms, then Ireland would be open to proportionate ex ante measures complimenting existing and future competition policy. Any measure or measures would ultimately have to be proportionate to any dampening effect these platforms have on innovation and achieve an appropriate balance in terms of the different stakeholders and retain what is functioning optimally for the broader digital economy.

Published by Enterprise Strategy, Competitiveness and Evaluation

Topics: Digital Single Market

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