ARTICLE
12 September 2024

Digital Infrastructure - Horizon Scanner: Infrastructure, Construction, Energy, September 2024

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Arthur Cox

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Arthur Cox is one of Ireland’s leading law firms. For almost 100 years, we have been at the forefront of developments in the legal profession in Ireland. Our practice encompasses all aspects of corporate and business law. The firm has offices in Dublin, Belfast, London, New York and Silicon Valley.
In anticipation of the deadline on 17 October 2024 for transposing Directive (EU) 2022/2555 on measures for a common high level of cybersecurity (the "NIS2 Directive")...
Ireland Technology

CYBERSECURITY

In anticipation of the deadline on 17 October 2024 for transposing Directive (EU) 2022/2555 on measures for a common high level of cybersecurity (the "NIS2 Directive"), the Government published the General Scheme for the National Cyber Security Bill 2024 (respectively, the "Scheme" and the "Bill"). The General Scheme is available here. It is intended that the Bill will provide for establishment of the National Cyber Security Centre ("NCSC") on a statutory basis. The NCSC will be designated as the Computer Security Incident Response Team ("CSIRT"), responsible for mitigating cyber security risks and responding to cyber security incidents.

The Scheme indicates that the Minister of Environment, Climate and Communications will have discretion to designate a person as an essential entity or important entity if the Minister is satisfied that certain criteria are satisfied (for example, that the person is the sole provider of the essential service in Ireland or if disruption to the service would cause significant cyber risk). The NCSC would establish a register of entities within the scope of the legislation, and the entities would provisionally submit their information to the NCSC by 17 January 2025, with a public register to be established by 17 April 2025.

COMREG NEWS

ComReg 2025-2027 strategy statement

ComReg is calling for input from all interested parties in order to inform its 2025-2027 strategy statement. ComReg is required by legislation to issue a strategy statement every two years, distinguishing between its functions in relation to electronic communications, premium rate services, radio frequency spectrum management, and postal services. In a new approach, ComReg plans to issue a single statement encompassing the entirety of its functions in order to holistically reflect its strategic direction during the next two years, bearing in mind: (i) trends and developments in fields where ComReg currently has or is likely to develop regulatory responsibilities, and (ii) ComReg's existing statutory remit and the potential changes to this remit arising from EU and Irish legislation. ComReg welcomes responses from stakeholders by 27 September 2024. Full details can be found here.

PrepayPower refunds more than €270,000 to customers following investigation

Following an investigation by ComReg, PrepayPower has paid a fine of €9,300 and issued a refund of €272,124 to customers. The investigation led to findings that PrepayPower had engaged in unfair and/or misleading commercial practices, had not provided sufficient contractual information (including the minimum duration of the contract) and had charged for services that PrepayPower had no record of customers requesting. ComReg found that 621 customers were charged for services that they had not requested. Full details can be found here.

IFA Telecom fined for non-compliance with consumer rights legislation

Following an investigation into the provision of contractual information and consumer references on IFA Telecom's customer bills, IFA Telecom has paid a fine of €7,500 to ComReg and undertaken to come into compliance with the relevant regulatory requirements. Full details can be found here.

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