The enforcement powers of Ireland’s telecoms regulator are set out in The Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023, published on was signed into law on 2 March 2023 (the “Act”), which, together with the European Union (Electronic Communications Code) Regulations 2022, transposes the European Electronic Communications Code (the “EECC”) into Irish law.
Previously, the Commission for Communications Regulation (“ComReg”) could only exercise its enforcement powers through criminal and occasional High Court proceedings, as well as settlement agreements. The introduction of new civil enforcement options under the Act, provides ComReg with greater direct control than what was previously possible. The new enforcement regime may lead to a marked increase in the number of investigations carried out each year, the imposition of more sanctions and subsequent appeals challenging the decisions of ComReg and its independent adjudicators
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