Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 14th July, 2023.

I, SIMON COVENEY, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving further effect to Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022¹ and Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019² , hereby make the following regulations:

1. These Regulations may be cited as the Protected Disclosures Act 2014 (Digital Markets Act) (Amendment) Regulations 2023.

2. The Protected Disclosures Act 2014 (No. 14 of 2014) is amended in Part 1 of Schedule 6 by the insertion of the following point in Point J:

“(iv) Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act) (OJ L 265, 12.10.2022, p. 1).”.

GIVEN under my Official Seal,

11 July, 2023.

SIMON COVENEY,

Minister for Enterprise, Trade and Employment.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations give effect to Article 43 of Regulation (EU) 2022/1925 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (the Digital Markets Act).

Article 43 of Regulation (EU) 2022/1925 provides that Directive (EU) 2019/1937, the “Whistleblower Protection Directive” shall apply to the reporting of all breaches of Regulation (EU) 2022/1925 and the protection of persons reporting such breaches. Directive (EU) 2019/1937 is transposed in Ireland by the Protected Disclosures (Amendment) Act 2022 (Number 27 of 2022) which amends the Protected Disclosures Act 2014 (No. 14 of 2014).

1 OJ No. L.265, 12.10.2022, p. 1

2 OJ No. L.305, 26.11.2019, p.17