CO-OPERATION AGREEMENT BETWEEN THE COMPETITION AND CONSUMER PROTECTION COMMISSION AND THE COMMISSION FOR COMMUNICATIONS REGULATION
This Agreement is made on the 8 day of July 2025 pursuant to section 19 of the Competition and Consumer Protection Act 2014 and Regulation 5(2)(b) of the European Union (Electronic Communications Code) Regulations 2022 (S.I. No. 444 of 2022).
Between
The Competition and Consumer Protection Commission of Bloom House, Railway Street, Dublin 1, D01 C576
And
The Commission for Communications Regulation of One Dockland Central, Guild Street, Dublin, D01 E4X01.
1. Definitions
2. In this Agreement the following definitions shall apply:
“Agreement” means all provisions of this Agreement, as from time to time may be amended by agreement between the Parties in accordance with Clause 11 of the Agreement;
“CCPC” means the Competition and Consumer Protection Commission;
“Code Regulations” means the European Union (Electronic Communications Code) Regulations 2022 (S.I. No. 444 of 2022) as amended;
“ComReg” means the Commission for Communications Regulation;
“Communications Regulation Act 2002” means the Communications Regulation Act 2002 (No. 20 of 2002), as amended;
“Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023” means the Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023 (No. 4 of 2023), as may be amended from time to time;
“Competition and Consumer Protection Act 2014” means the Competition and Consumer Protection Act 2014 (No. 29 of 2014), as amended;
“Consumer Protection Act 2007” means the Consumer Protection Act 2007 (No. 19 of 2007), as amended and as may further be amended from time to time;
“Consumer Rights Act 2022” means the Consumer Rights Act 2022 (No. 37 of 2022), as amended;
“Electronic Communications Network” or “ECN” has the same meaning as it has in the Code Regulations;
“Electronic Communications Service” or “ECS” has the same meaning as it has in the Code Regulations;
“Party” means the CCPC and/or ComReg, and “Parties” shall be construed accordingly;
“Premium Rate Services” or “PRS” has the same meaning as under Section 3 of the Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010, as amended and as may further be amended from time to time;
Terms not defined in this Agreement shall, unless the contrary intention appears, have the same meaning as given to such terms under the Code Regulations, the Consumer Protection Act 2007, the Competition and Consumer Protection Act 2014, the Communications Regulation Act 2002, the Consumer Rights Act 2022 and/or the Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023, as the case may be.
2. Purposes of this Agreement
2.1 WHEREAS the purposes of this Agreement, relating to ECN, ECS, associated facilities and PRS, are:
(i) To facilitate co-operation between the Parties in the performance of their respective functions in so far as they relate to consumer protection and welfare issues;
(ii) To avoid duplication of activities by the Parties in so far as consumer protection and welfare issues are concerned;
(iii) To ensure, as far as practicable, consistency between decisions made or other steps taken by the Parties in so far as any part of those decisions or steps consists of or relates to consumer protection and welfare issues, or issues of concern to consumers;
(iv) To enable the CCPC to be consulted, where ComReg considers it relevant, in relation to any decisions by ComReg which affect consumers pertaining to ECN, ECS, associated facilities and/or PRS;
(v) To enable ComReg to be consulted, where the CCPC considers it relevant, in relation to any decisions by the CCPC which affect consumers pertaining to ECN, ECS, associated facilities and/or PRS; and
(vi) Where appropriate, to enable the Parties to conduct joint studies or analyses of matters relating to consumer protection and welfare, or issues of concern to consumers.
2.2. WHEREAS the Parties wish to establish a framework which will facilitate a relationship between them in the performance of their respective functions in so far as they relate to consumer protection and welfare issues in connection with (i) the provision of ECS, ECN or associated facilities, and (ii) the provision of PRS.
2.3 WHEREAS, in particular, the Parties wish to facilitate the performance of their concurrent functions under the Consumer Protection Act 2007 and the Consumer Rights Act 2022.
2.4 WHEREAS the Parties also wish to enter into this Agreement in order to regulate the supply of information between them and to maintain controls on the uses of and the confidentiality of any information so shared.
THE PARTIES NOW AGREE AS FOLLOWS, PURSUANT TO THE PROVISIONS OF SECTION 19(1) OF THE COMPETITION AND CONSUMER PROTECTION ACT 2014 AND REGULATION 5(2)(b) OF THE CODE REGULATIONS:
3. Statutory Functions of the Parties
3.1 The CCPC was established under Part 2, Chapter 1 of the Competition and Consumer Protection Act 2014. ComReg was established under Part 2 of the Communications Regulation Act 2002.
3.2 ln so far as the subject matter of this Agreement is concerned, the respective statutory functions of the CCPC and ComReg are summarised below.
The CCPC
3.3 The CCPC is charged with (i) promoting and protecting the interests and welfare of consumers; (ii) enforcing the “relevant statutory provisions” (within the meaning of Section 2(1) of the Consumer Protection Act 2007); and (iii) encouraging compliance with the said relevant statutory provisions.
ComReg
3.4 ComReg has functions, in relation to PRS, in particular to monitor and ensure compliance by undertakings and PRS providers with Part 3 of the Consumer Protection Act 2007, to monitor and ensure compliance by undertakings and PRS providers with Parts 4 to 6 of the Consumer Rights Act 2022, of ensuring compliance by PRS providers with their obligations in relation to the provision, content and promotion of premium rate services, and carrying out investigations into matters relating to the provision, content and promotion of PRS. ComReg has an objective, in relation to PRS, of protecting the interests of end users of PRS.
3.5. ComReg has functions in relation to ECN and ECS, in particular of ensuring compliance by undertakings with obligations in relation to the supply of and access to ECS, ECN and associated facilities and the transmission of such services on such networks, and carrying out investigations into matters relating to the supply of, and access to, ECN and ECS and the transmissions of such services on such networks. ComReg has objectives, in relation to ECN and ECS and associated facilities, in particular of promoting the interests of users within the Community including: ensuring that all users have access to a universal service; ensuring a high level of protection for consumers in their dealings with suppliers, in particular by ensuring the availability of simple and inexpensive dispute resolution procedures carried out by a body that is independent of the parties involved; contributing to ensuring a high level of protection of personal data and privacy; promoting the provision of clear information, in particular requiring transparency of tariffs and conditions for using publicly available electronic communications services; encouraging access to the internet at reasonable cost to users; addressing the needs of specific social groups, in particular disabled users, and; ensuring that the integrity and security of public communications networks are maintained.
Concurrent Functions of the Parties
3.6. As regards PRS, ECN and ECS, the CCPC and ComReg have certain concurrent enforcement functions under the Consumer Protection Act 2007 and the Consumer Rights Act 2022 (“Concurrent Functions”).
4. General Co-operation
4.1 The Parties will seek to maintain strong and constructive relationships with each other in order to promote and protect the best interests of consumers of PRS and ECN / ECS. The Parties recognise the importance of close co-operation and communication between them for the purposes of using their respective investigative and enforcement powers under all applicable legislation relating to consumer protection and welfare issues in connection with (i) the provision of ECS, ECN or associated facilities, and (ii) the provision of PRS. ln particular, the Parties recognise the importance of close co-operation and communication between them in the performance of their Concurrent Functions.
5. Information Sharing and Consultation
5.1. The Parties have agreed, to the extent permissible by law, to observe the following principles:
(i) To seek to avoid duplication of activities as regards the Concurrent Functions.
(ii) To consult at an early stage on any issues relating to the Consumer Protection Act 2007 in respect of ECN / ECS / PRS that might have implications for either Party.
(iii) To consult at an early stage on any issues relating to the Consumer Rights Act 2022 in respect of ECN / ECS / PRS that might have implications for either Party.
(iv) To achieve consensus between the Parties as to which Party is best placed to lead and/or act in a particular ECN / ECS / PRS compliance case involving the exercise of functions under the Consumer Protection Act 2007 or the Consumer Rights Act 2022.
(v) To agree consistency of approach and to avoid confusion or misunderstanding as to their respective roles,
(vi) To seek to exercise their respective responsibilities in a complementary fashion to address issues and problems that affect consumers of PRS and ECN / ECS. This approach will also be extended to the exercise of their Concurrent Functions.
(vii) To consult at an early stage on any issues relating to the ECN / ECS / PRS sectors that might have implications for either Party.
(viii) Where considered appropriate by both Parties, to conduct joint studies or analyses of matters relating to consumer protection and welfare, or issues of concern to consumers.
5.2 With a view to observing the principles set out in Clause 5.1 above, the Parties will ensure that there is an appropriate and timely flow of information between them with respect to issues of common concern relating to consumer protection and welfare issues. This exchange of information will take place as the circumstances demand. However, should either Party request a meeting in relation to any matter pertaining to consumer protection or welfare issues, the other Party will facilitate such a request either at the time sought by the requesting party or at the earliest available opportunity thereafter.
6. Confidentiality/Permissible Uses
6.1 Each Party will, upon request, as far as practicable and where it agrees that the request is reasonable, furnish to the other Party, information in its possession of the kind specified in a request for information, The request shall state that the information is required by the requesting Party for the purpose of the performance of its functions, subject to any legal constraints outlined below.
6.2. Requests for information shall be made in writing (for the avoidance of doubt, “writing” includes electronic mail). ln cases of urgency, requests for information may at first instance be made orally, and the responses given orally, provided that both the request and response are subsequently confirmed in writing.
6.3. The Party requesting the information may ask that the request itself be considered to be confidential.
6.4. The Parties recognise that the exchange of information between them will be an important contribution to the efficient and effective discharge of their duties in promoting and protecting the interests and welfare of consumers of PRS, ECN and ECS and in the exercise of their respective functions. Both Parties are equally conscious of the need for discretion and for the adoption of procedures that protect the following:
(i) The confidential nature of certain information, and
(ii) The confidentiality obligations of ComReg under the Code Regulations, the Communications Regulation Act 2002, the Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023 and under any other applicable consumer protection legislation relating to (i) the provision of ECS, ECN or associated facilities, and (ii) the provision of PRS.
6.5. The Parties consider it prudent for them to commit to a level of confidentiality between them as regards the exchange of non-public information. They are able to assist each other through the sharing of certain information as provided for under the relevant statutory provisions.
6.6. Where one Party (the “Requesting Party”) requests information from the other Party (the “Requested Party”), the Requesting Party shall state in its request the purpose of such a request and the proposed use by the Requesting Party of such information.
6.7. Where one Party provides information to another Party (whether pursuant to a request or otherwise), the Party receiving such information shall use the information only for the purpose of the performance by it of any of its functions, and only where agreed with, or consented to, by the Party providing the information. If it has not already done so under Clause 6.6, the Party receiving the information shall inform the Party which has provided the information of the purpose for the information request. The Requesting Party may use the shared information for the purpose of the performance by it of any of its functions, other than the purpose expressed in the request, only with the prior written approval of the Requested Party. Such approval shall not be unreasonably withheld or delayed.
6.8. A Party shall not disclose to a third-party non-public information received from the other Party (whether pursuant to a request or otherwise) except with the consent in writing of the Party that provided such information, or pursuant to a legally enforceable demand or obligation. A Party that is subject to such demand or obligation shall inform the other Party of the legal provision(s) that require such disclosure within a reasonable time of such Party becoming aware of such demand or obligation.
6.9. The Parties acknowledge their legal obligations under the Data Protection Acts 1988 to 2018 and the General Data Protection Regulation and shall ensure that any exchange of personal data complies with their obligations, in their respective capacities as data controller/data processor as applicable.
6.10 The Parties acknowledge that, notwithstanding any other provision of this Agreement, they may only disclose information in accordance with this Agreement if permitted or required to do so, or not prevented from doing so, under any applicable laws.
6.11 The Parties acknowledge their legal obligations under the Data Sharing and Governance Act 2019 and shall be cognisant of them in any co-operation.
7. Provision of Consumer Information
7.1. ComReg shall be the primary source of consumer information in respect of the application of the Consumer Protection Act 2007 and Consumer Rights Act 2022 to all ECN / ECS and PRS matters.
8. Enforcement
8.1. For the avoidance of doubt, nothing in this Clause 8 or in this Agreement shall prevent either Party from exercising any of its powers under applicable legislation.
8.2. The Parties will seek to achieve consensus between them as to which Party is best placed to lead and/or act in a particular ECN, ECS, PRS or associated facilities compliance case involving the exercise of functions under the Consumer Protection Act 2007 and Consumer Rights Act 2022.
8.3. ln accordance with Clause 8.2, a Party will agree to forbear to perform its Concurrent Functions in relation to a matter in circumstances where consensus has been achieved that the other Party is best placed to lead and/or act in relation to that matter.
8.4. Where a Party intends to forebear to perform its functions in the manner described in Clause 8.3, it shall first discuss the issue with the other Party, inform it of its intention to apply forbearance, and give the other Party an opportunity to respond.
8.5. Either Party may request the other to exercise forbearance in any particular case in accordance with the approach set out in this Clause 8. The other Party may agree to exercising forbearance where it is satisfied that the requesting Party is performing functions in relation to that matter. Such agreement as to forbearance shall not be unreasonably withheld or delayed.
8.6. Where one Party has agreed to forebear to perform it functions in a particular matter, it may so inform any relevant third parties as it sees fit.
8.7. The Parties will ensure that no person is the subject of:
(i) proceedings (whether civil or criminal) under the Competition and Consumer Act 2014, the Consumer Protection Act 2007, the Consumer Rights Act 2022 or any other enactment, or
(ii) the exercise of any power under section 73 or 75 of the Consumer Protection Act 2007, in respect of an alleged contravention of a provision of the Consumer Protection Act 2007, the Consumer Rights Act 2022 or any other enactment, by more than one of the Parties.
8.8. Any consultation or discussions entered into between the Parties pursuant to this Clause should initially be raised directly between the CCPC’s Consumer Protection Functions and ComReg’s Retail and Consumer Services Division.
9. Meetings
9.1. The Parties will meet regularly (at appropriate levels of seniority), and not less than annually, to discuss matters of mutual interest and will communicate as required between meetings on such matters of shared interest that may arise in the course of day-to-day business.
10. Co-operation Agreement Status
10.1. This Agreement is entered into pursuant to Section 19 of the Competition and Consumer Act 2014 and Regulation 5(2)(b) of the Code Regulations and enables a Party to furnish to the other Party information in its possession if the information is required by that other Party for the purpose of the performance by it of any of its functions.
10.2. This Agreement shall not operate to make a Party (or any employee, officer or agent thereof) liable to any person in damages or otherwise for anything done or omitted for which such person would not otherwise be so liable.
10.3. This Agreement shall supersede and replace the agreement between the Parties dated 11 November 2015, as varied by an agreement dated 19 July 2016.
11. Variation of the terms of the Co-operation Agreement
11.1 Where a Party proposes a variation of the Agreement that Party shall submit, in writing, to the other Party the text of the proposed variation and the reasons thereof.
11.2. This Agreement may only be varied with the consent of both Parties in writing.
12. Implementation and Review
12.1. The Parties will continue to monitor the operation of this Agreement and will review it from time to time as necessary.
13. Costs
13.1. Each Party agrees to bear its own costs, fees and expenses incurred on foot of a request for information under this Agreement, subject to the Parties agreeing to alternative arrangements in circumstances where the Party to whom the request is made incurs excessive costs, fees or expenses on foot of such a request.
13.2. The costs of, and arising from, any enforcement proceedings connected with PRS issues before the civil or criminal courts, initiated by either of the Parties, where the Parties had agreed that such enforcement proceedings would be pursued, will be shared equally between the Parties.
14. Miscellaneous
14.1. The CCPC shall furnish the Minister for Enterprise, Trade and Employment, and the Minister for Culture, Communications and Sport with a copy of this Agreement, including any variation of this Agreement, within one month after the date upon which this Agreement (or any variation of this Agreement) is made.
14.2. Where the requirements set out in Clause 14.1. have been met, the Parties shall, as soon as practicable, arrange for the Agreement (or any variation of it) to be published on the internet.
15. Severability
15.1. Should, at a future date, the whole or any part of any provision of this Agreement be found by a court of competent jurisdiction to be illegal or unenforceable, the other provisions of the Agreement and the remainder of the provision in question shall remain in full force and effect.
16. Governing Law and Jurisdiction
16.1. The Agreement shall be governed by and construed in accordance with the laws of Ireland and the courts of Ireland shall have jurisdiction to hear and determine any suit, action or proceedings that may arise out of or in connection with this Agreement.
17. Term of Agreement
17.1 This Agreement will commence on the later of the two dates signed below. It shall thereafter continue in force unless terminated by either Party. Notice of such termination shall be in writing and give 30 days’ notice of termination of the Agreement.
