Best Advertising and Marketing Lawyers in Carrigaline

About Advertising and Marketing Law in Carrigaline, Ireland

Advertising and marketing in Carrigaline operate within the Irish legal system and the wider European Union framework, supported by strong self-regulation. Most day-to-day rules come from Irish statute and EU directives on consumer protection, data protection, and sector-specific restrictions, and from the Advertising Standards Authority for Ireland Code that applies to all media. While there is no special local advertising statute just for Carrigaline, businesses there must also follow Cork County Council requirements for physical signage and promotional activity in public spaces. For local retailers, hospitality operators, agencies, influencers, start-ups, and online sellers, the rules affect copy claims, pricing, promotions, email and SMS outreach, cookies and analytics, use of influencers, comparative ads, and how and where you can place signs.

The system aims to ensure marketing is fair, transparent, and evidence-based. Regulators such as the Competition and Consumer Protection Commission, the Data Protection Commission, and Coimisiun na Meain, together with the ASAI, oversee different parts of the landscape. Breaches can lead to complaints, corrective action, fines in serious consumer law cases, reputational harm, removal of ads, and disruption to campaigns. A careful, proactive compliance approach helps Carrigaline businesses market confidently while avoiding legal risk.

Why You May Need a Lawyer

You may need a lawyer when planning or running campaigns that involve risk, complex rules, or multiple channels. Common scenarios include drafting or clearing advertising claims for price, performance, environmental, or health benefits, negotiating influencer, talent, or agency agreements, licensing music, images, or user generated content, and running promotions, contests, or prize draws. A lawyer can advise on data protection and e-privacy for email, SMS, and cookies, comparative advertising and references to competitors, promotions involving alcohol, gambling, food, health products, or financial services, and online marketplace obligations such as reviews, rankings, and drip pricing.

Local businesses also face practical issues such as obtaining planning permission for shopfront signs or billboards, complying with poster and litter rules, and navigating sponsorships or events in public spaces. If you receive an ASAI complaint, a consumer law enforcement query, a data protection inquiry, or a takedown request from a platform or publisher, a lawyer can manage the response. Where disputes arise over misleading ads, defamation, passing off, or trade mark use in search advertising, early legal input can limit damage. In cross-border campaigns, legal advice helps align Irish and EU rules with other markets to keep a coherent compliance posture.

Local Laws Overview

Consumer protection and unfair commercial practices law set the baseline. The Consumer Protection Act 2007 and EU rules as updated by the European Union Consumer Protection Omnibus Regulations 2022 prohibit misleading acts and omissions, aggressive practices, and certain blacklisted tactics such as fake reviews and hidden paid search results. Price reduction announcements must reference the lowest price applied in the previous 30 days, and online sellers must make clear when rankings are paid and how reviews are verified. The Consumer Rights Act 2022 adds duties around digital content and services, after sales rights, and terms transparency that influence marketing claims for subscriptions and apps.

The ASAI Code applies across media including online, social, influencer content, and out of home. Core principles include recognisability of marketing, truthfulness, substantiation on request, and fairness. Specific sections cover children, health and beauty, environmental claims, food and non-alcoholic beverages including rules around high fat, salt, and sugar foods directed at under 15s, alcohol marketing communications, gambling, and promotional marketing. Influencer content must be clearly identifiable as advertising using clear labels such as Ad or Advertisement and not just ambiguous tags.

Data protection and e-privacy rules are central to digital marketing. The General Data Protection Regulation and the Data Protection Act 2018 require a lawful basis for processing personal data, transparency through privacy notices, and data minimisation. The ePrivacy Regulations 2011 govern consent for cookies and similar technologies and set opt-in requirements for electronic direct marketing to individuals. A soft opt-in is allowed for customers where contact details were obtained in a sale of a similar product or service, the customer was offered an easy opt-out at the time and in each message, and you identify yourself clearly. For corporate subscribers, rules differ but opt-out rights and sender identification still apply. The National Directory Database list must be observed for marketing calls and texts.

Online marketplace and platform obligations now extend to the presentation of search results, personalised pricing, and user reviews. Marketers should not publish or commission fake reviews, should disclose if and how authenticity is checked, and should disclose paid placements or payments affecting ranking. Dark patterns that obscure the total price or make cancellation hard are high risk under the updated regime.

Sector-specific controls can be strict. Alcohol marketing is regulated by the Public Health Alcohol Act 2018 and the ASAI Code. Among other limitations, alcohol ads are restricted in content, banned in or on public service vehicles and in certain public transport locations, generally restricted in cinemas except for films for over 18 audiences, and prohibited within 200 metres of the perimeter of schools, creches, and local authority playgrounds. Health and medicinal claims are tightly controlled by the Health Products Regulatory Authority and food law overseen by the Food Safety Authority of Ireland, including the EU Nutrition and Health Claims Regulation which limits and conditions what can be claimed about foods, supplements, and drinks.

Gambling advertising is governed by a mixture of the Gaming and Lotteries legislation, betting laws, and the ASAI Code, with reform underway. Marketers should expect added restrictions and ensure clear age gating, responsible messaging, and avoidance of youth appeal. Tobacco advertising is largely prohibited under public health legislation. Newer rules on nicotine inhaling products are phasing in further restrictions on advertising and sponsorship of vaping products.

Intellectual property law shapes creative choices. The Trade Marks Act 1996, the Copyright and Related Rights Act 2000, and the common law of passing off protect brand identifiers, copy, images, music, and get up. Comparative advertising is permitted if it is objective, verifiable, non-disparaging, and compares like with like in line with EU rules on misleading and comparative advertising. Trade mark bidding in search requires careful handling to avoid confusion.

Promotions, competitions, and prize draws must be designed to comply with the Gaming and Lotteries (Amendment) Act 2019. Free entry prize draws generally do not require a licence if entry is genuinely free or there is a genuinely free route with equal prominence. Where consideration is involved and chance determines the outcome, permits or licences and strict limits may apply, and terms must be transparent. Age restrictions, fairness, and clear terms and conditions are essential.

Pricing and offers must be clear and not misleading. Price claims should include all mandatory charges and disclose any conditions. From the Omnibus changes, advertised price reductions should be measured against the lowest prior price in the last 30 days, subject to exceptions for progressive reductions and perishable goods. Drip pricing and false scarcity are enforcement priorities.

Outdoor advertising and signage in Carrigaline fall under planning and local rules. Permanent external signage, illuminated signs, and many billboards typically require planning permission from Cork County Council under the Planning and Development Act 2000. Temporary posters and banners are controlled by the Litter Pollution Act 1997 and local by-laws that set conditions and time limits. Advertising on public roads or near junctions is constrained by road safety and national roads policies. Before placing A-boards, window vinyls, or temporary promotional material, confirm whether permission is required.

Broadcast, on-demand, and video sharing platforms are regulated by Coimisiun na Meain under the audiovisual rules. There are content, placement, and scheduling restrictions for certain categories such as alcohol and foods high in fat, salt, or sugar in or around children’s programming, product placement rules, and sponsorship requirements. Publishers and media owners often enforce these standards at booking stage even where not strictly statutory, so pre-clearance and compliance evidence are important.

Frequently Asked Questions

Do I need consent to send marketing emails or texts to individuals in Ireland

Yes in most cases you need prior opt-in consent from individual recipients under the ePrivacy Regulations, unless you rely on the narrow soft opt-in for your own similar products or services to existing customers who had a clear chance to opt out. Every message must identify the sender clearly and include a simple opt-out. For corporate subscribers the regime differs, but good practice is to offer an opt-out and maintain suppression lists.

How should influencers disclose paid partnerships on Instagram or TikTok

Advertising must be obviously identifiable. The ASAI expects clear upfront labels such as Ad, Advertisement, or Paid partnership at the start of the caption and where possible on platform disclosures. Ambiguous tags or burying disclosures at the end is not sufficient. If there is any control by a brand or any payment or incentive, disclosure is required.

What are the rules for price promotions and discount claims

Price reductions must reference the lowest price charged in the previous 30 days unless a specific exception applies. You must be able to substantiate previous prices, any savings claims, and all conditions such as time limits, stock limits, and eligibility. Avoid drip pricing by including mandatory fees upfront and make delivery or subscription charges clear before purchase.

Can I run a Facebook or in-store prize draw for my Carrigaline shop

You can run promotions if they are fair and transparent and comply with the ASAI Code. If participation involves payment and winners are chosen by chance, the Gaming and Lotteries rules may require a permit or impose limits. A genuinely free entry route that is as prominent and easy as any paid route reduces licensing risk. Publish clear terms covering eligibility, opening and closing dates, how to enter, how winners are chosen, prize details, and how data will be used.

Do I need planning permission for a shopfront sign or A-board in Carrigaline

Many permanent external signs and larger or illuminated signs require planning permission from Cork County Council. A-boards and temporary posters may be restricted by local by-laws and the Litter Pollution Act. Before installation, check with the planning section to confirm if permission or a licence is needed and to avoid fines or removal.

Are environmental claims like carbon neutral or plastic free allowed

Yes if they are specific, truthful, and supported by robust evidence. Avoid vague claims such as eco friendly without context. Where claims depend on offsets, explain the basis and time frame. Keep lifecycle boundaries clear and do not exaggerate a limited benefit. Both the ASAI and the CCPC expect objective substantiation and clarity.

What are the main restrictions on alcohol advertising

Content is tightly controlled, youth targeting is prohibited, and placements are limited. Among other rules, advertising alcohol is restricted in cinemas to films for over 18 audiences, is banned in or on public service vehicles and certain public transport locations, and is prohibited within 200 metres of schools, creches, and local authority playgrounds. Health messages and responsible marketing practices are required. Always check both the Public Health Alcohol Act and the ASAI Code before booking media.

What should an influencer or agency contract include

Include clear deliverables, platforms, timing, approval and compliance processes, disclosure obligations under the ASAI Code, usage rights for content, exclusivity and conflicts, fees and payment milestones, data protection clauses, moral and brand safety clauses, and termination for legal or reputational risk. Ensure claims in scripts are pre-cleared and that the creator can meet any substantiation needs.

Can I use a competitor’s brand name in Google Ads or comparative ads

Comparative advertising is allowed if it is objective, verifiable, non-misleading, and compares like with like. Bidding on a competitor trade mark as a keyword can be lawful, but using it in ad copy or in a way that causes confusion can infringe trade marks or be passing off. Legal clearance and careful wording are advised.

What happens if I receive an ASAI complaint

You will be notified and asked to respond and provide substantiation. If the complaint is upheld, the ASAI can publish a decision and request amendment or withdrawal. Media owners typically refuse non-compliant ads, so adverse decisions can disrupt campaigns. While the ASAI is self-regulatory, non-compliance can trigger attention from statutory regulators where consumer law is implicated. Engage promptly, provide evidence, and consider legal support.

Additional Resources

Advertising Standards Authority for Ireland ASAI - self-regulatory body that publishes the Code and handles complaints, including influencer guidance and sector rules.

Competition and Consumer Protection Commission CCPC - enforces consumer protection, pricing, unfair commercial practices, and the Omnibus rules on reviews and online transparency.

Data Protection Commission DPC - supervises GDPR and e-privacy compliance for marketing data, cookies, email and SMS campaigns, and profiling.

Coimisiun na Meain - regulates broadcast, on-demand, and video sharing services, including advertising codes, product placement, and scheduling restrictions.

Commission for Communications Regulation ComReg - oversees electronic communications rules including the National Directory Database opt-out for marketing calls and texts.

Health Products Regulatory Authority HPRA - regulates advertising of medicinal products and certain health claims and devices.

Food Safety Authority of Ireland FSAI - guidance and enforcement for food and nutrition and health claims in marketing.

Cork County Council - planning permission for signage, local by-laws on posters and promotions in public spaces, event and street trading controls.

Intellectual Property Office of Ireland - trade mark and design registration and guidance for brand protection.

Law Society of Ireland - directory for locating a solicitor with advertising, media, IP, or data protection expertise in the Cork region.

Local Enterprise Office Cork South - business supports and mentoring for marketing and compliance planning for SMEs.

Next Steps

Map your campaign channels and touchpoints, including website, emails, SMS, social, influencer content, print, broadcast, and outdoor, and list the claims you plan to make. Gather substantiation for all objective claims such as tests, certifications, and price histories, and prepare clear terms and conditions for offers and promotions. Review your privacy notice, cookie banner, consent records, and unsubscribe processes to align with GDPR and e-privacy requirements.

If you plan any physical signage or street activity in Carrigaline, check early with Cork County Council regarding planning permission or by-law restrictions, and build lead time for approvals. For higher risk sectors such as alcohol, gambling, health, or children’s products, pause bookings until a legal review confirms placement and content compliance.

Engage a solicitor experienced in advertising, consumer, data, and IP law in the Cork area. Ask for a scoped review of copy, creatives, targeting, promotions, influencer contracts, and data flows. Request a risk-ranked action list and template clauses for disclosures, consent language, and promotional terms. Where applicable, obtain written legal sign-off before launch and keep a compliance file with evidence and approvals.

Set a simple internal sign-off workflow that includes legal or compliance checks for new campaigns, train your team and creators on disclosure rules and prohibited practices, and monitor regulatory updates. If you receive a complaint or inquiry, acknowledge it promptly, preserve records, cease the specific communication if needed, and seek legal advice on the response and corrective steps.

This guide is informational and not a substitute for legal advice on your specific facts. Laws and guidance evolve, so confirm the current position before you launch or scale a campaign.