Best Advertising and Marketing Lawyers in Gorey

About Advertising and Marketing Law in Gorey, Ireland

Advertising and marketing law in Gorey follows the same national and European rules that apply across Ireland, with some local practicalities to consider. Businesses and marketers in Gorey - a market town in County Wexford - must comply with Irish consumer protection rules, data protection law, self-regulatory advertising codes, sector-specific restrictions, intellectual property law, and planning rules for physical advertising such as signage and billboards. Enforcement can come from self-regulatory bodies, statutory regulators, consumer agencies, and the courts. For local matters like outdoor advertising placement or planning permission you will also deal with Wexford County Council and, where relevant, local media outlets and broadcasters.

Why You May Need a Lawyer

Legal advice can help prevent costly enforcement action, fines, reputational harm, or civil claims. Common situations where a lawyer is useful include:

- Drafting advertising copy, terms and conditions for promotions, competitions, and prize draws to ensure compliance with consumer protection law.

- Advising on data protection issues for direct marketing, email campaigns, cookie use, and profiling under GDPR and e-Privacy rules.

- Handling disputes and complaints - for example, responding to claims of misleading advertising brought to the Advertising Standards Authority for Ireland or the Competition and Consumer Protection Commission.

- Protecting and enforcing intellectual property - registering or policing trade marks, addressing copyright or design infringements, and defending against passing-off claims.

- Ensuring regulated sector compliance - alcohol, tobacco, financial services, healthcare, gambling, and products aimed at children have extra rules.

- Preparing or defending against legal proceedings - injunctions, damages claims, or appeals from regulator decisions.

- Reviewing influencer, affiliate, and social media marketing arrangements to meet disclosure and transparency obligations.

Local Laws Overview

Key legal areas and practical points to watch when advertising and marketing in Gorey:

- Consumer Protection and Unfair Commercial Practices - Irish law implements EU consumer protection rules that prohibit misleading and aggressive commercial practices. Claims about product features, price, availability, and savings must be accurate and substantiated.

- Advertising Standards Authority for Ireland - ASAI operates an industry code that covers truthfulness, decency, social responsibility, and substantiation. Complaints to ASAI can lead to published rulings and withdrawal or amendment of ads.

- Competition and Consumer Protection Commission - CCPC enforces consumer law and can take stronger regulatory action than self-regulation where necessary.

- Data Protection and Electronic Marketing - GDPR and Irish Data Protection Commission decisions regulate personal data use. Electronic direct marketing also falls under e-Privacy rules - in most cases you need clear consent for electronic marketing unless a narrow "soft opt-in" applies for existing customers and appropriate opt-out options are provided.

- Broadcasting and Media Codes - broadcast advertising is regulated by the Broadcasting Authority of Ireland and is subject to specific codes and pre-clearance in some cases. Local radio and regional outlets may adopt these standards.

- Intellectual Property - copyright, trade marks, and passing-off principles protect brand identities and content. Clearance is important before using third-party images, music, or logos.

- Promotions, Competitions and Prize Draws - terms and conditions must be clear, entry rules fair, and prize delivery reliable. Consumer protection and gambling laws can affect certain prize structures.

- Signage, Billboards and Planning - physical advertising in Gorey needs to comply with planning and signage rules administered by Wexford County Council. Permits may be required for large or roadside adverts.

- Sector-specific restrictions - alcohol, tobacco, medicinal products, financial services, and gambling have special rules on content, audience targeting, and mandatory warnings.

Frequently Asked Questions

Can I make comparative claims about a competitor in my adverts?

Yes, comparative advertising is permitted, but it must be objective, verifiable and not misleading. You should compare like-for-like features and have evidence to back up any specific claims. Avoid disparaging or false statements that could lead to legal action for defamation, unfair competition, or misleading advertising.

What happens if someone complains to the Advertising Standards Authority for Ireland?

ASAI will investigate complaints against its code. If a breach is found, the advertiser is usually asked to withdraw or amend the ad. ASAI rulings are public and carry reputational consequences. If the issue involves a breach of statutory consumer law, CCPC or other authorities may also become involved.

Do I need consent to send marketing emails or texts?

Yes - electronic marketing by email or SMS generally requires consent under e-Privacy rules, unless a narrow soft opt-in applies for existing customers who bought similar goods or services and were given the chance to opt-out. Even where consent is valid, GDPR requires you to document the lawful basis for processing, provide clear opt-out options, and keep accurate records.

How should I handle cookies and online tracking on my website?

Non-essential cookies and tracking technologies require clear, informed consent before they are placed. You must provide a cookie notice, a meaningful option to accept or refuse categories of cookies, and a privacy notice explaining how data is used for advertising or analytics.

What rules apply to influencer marketing and endorsements?

Influencers and brands must ensure that paid partnerships and sponsored content are clearly disclosed so consumers understand when content is advertising. Claims made by influencers must be truthful and provable. Contracts should set out responsibilities for compliance and record-keeping.

Can I run a competition with free entry from overseas participants?

Yes, but cross-border promotions bring extra considerations - tax, data protection, local gambling or raffle laws, and differing consumer rights. You should set clear eligibility rules, comply with GDPR for entrants' personal data, and check any local restrictions where participants live.

What should be included in terms and conditions for a promotion?

Terms should cover eligibility, how to enter, opening and closing dates, prize details, winner selection and notification procedures, prize fulfilment timelines, privacy handling of entrants' data, and any applicable exclusions. Clear dispute resolution processes and governing law should be stated.

How do I prove a factual claim in an ad if challenged?

Keep substantiation - independent tests, market research, invoices, lab reports, or expert opinions - ready before running the claim. The ASAI and courts expect advertisers to be able to produce evidence that supports factual or comparative claims at the time the ad runs.

Can I use a competitor's trade mark in my Google ads or meta-data?

Reference to a competitor's trade mark may be allowed in comparative or factual advertising, but using it in a way that causes confusion, suggests endorsement, or unfairly exploits the trade mark owner may lead to trade mark infringement or passing-off claims. Pay-per-click keyword disputes often depend on context and how the ad presents the competitor's mark.

What remedies or penalties might apply for misleading advertising?

Enforcement can range from ASAI rulings and required ad withdrawal, to CCPC investigations, statutory enforcement notices, fines, court injunctions, orders to compensate consumers, and reputational damage. Serious GDPR breaches linked to marketing can attract fines from the Data Protection Commission.

Additional Resources

Helpful organisations and bodies to contact or consult when you need information or to raise a complaint:

- Advertising Standards Authority for Ireland - for self-regulatory advertising codes and complaint handling.

- Competition and Consumer Protection Commission - for statutory consumer protection issues and enforcement.

- Data Protection Commission - for guidance and complaints about data protection and direct marketing.

- Broadcasting Authority of Ireland - for broadcast advertising standards and codes.

- Wexford County Council - for planning and signage rules affecting outdoor advertising in Gorey and surrounding areas.

- Local business groups and chambers - for practical guidance on local media, sponsorship and promotion practices in Gorey.

- Intellectual property office resources - for information on trade mark and copyright registration and enforcement.

Next Steps

If you need legal assistance with advertising and marketing in Gorey, consider these practical steps:

- Pause any campaign you suspect may be non-compliant until you have reviewed it.

- Gather documentation - ad copy, research, substantiation, contracts with agencies and influencers, terms and conditions, privacy notices, and records of consent.

- Contact a solicitor with advertising, consumer protection and data protection experience - local solicitors or Dublin firms with media law practices can advise on Irish and EU rules.

- Consider alternative dispute routes - if you have received a consumer complaint, assess whether ASAI or the CCPC is the appropriate forum before litigation.

- Implement a compliance checklist for future campaigns - include substantiation, IP clearance, data protection checks, clear terms and conditions, and planning permission for outdoor adverts.

- Train staff and marketing partners on disclosure, consent and sector-specific restrictions to reduce future risk.

Getting clear legal advice early can avoid enforcement, reduce costs, and protect your reputation. If you are unsure where to start, prepare the key documents and seek a short consultation with a lawyer experienced in advertising and marketing law in Ireland.