Best Advertising and Marketing Lawyers in Passage West

About Advertising and Marketing Law in Passage West, Ireland

Advertising and marketing in Passage West operate within Ireland’s national legal framework, shaped by European Union rules and local authority requirements. Most rules are national and apply equally across the country, but certain local matters such as outdoor signage, posters, and event promotions are influenced by Cork County Council policies and bylaws. Businesses in Passage West should plan campaigns with three layers in mind - national consumer protection and advertising standards, data and online communications rules, and local planning and public space controls.

Key players include the Advertising Standards Authority for Ireland for self-regulatory codes, the Competition and Consumer Protection Commission for consumer law enforcement, the Data Protection Commission for privacy, Coimisiun na Mean for broadcast and on-demand marketing standards, and sector regulators such as the Central Bank of Ireland and the Health Products Regulatory Authority where relevant.

Why You May Need a Lawyer

You may benefit from legal help if you are planning or running campaigns that could attract regulatory attention or complaints, or if you receive a challenge from a competitor or regulator. Common situations include clearing complex campaigns before launch, substantiating claims such as fastest, cheapest, or eco-friendly, handling pricing and price reduction advertising, structuring prize draws and promotions, negotiating and policing influencer, endorsement, and sponsorship agreements, ensuring email, SMS, and cookie practices are compliant, obtaining permission for outdoor signage and event posters, responding to an Advertising Standards Authority for Ireland complaint, preparing responses to the Competition and Consumer Protection Commission or the Data Protection Commission, protecting or licensing intellectual property in creative assets, and navigating special sector rules such as alcohol, financial services, health, or food marketing.

Local Laws Overview

Misleading and unfair commercial practices: Irish law prohibits misleading, aggressive, or unfair commercial practices. Advertisers must be able to prove objective claims and avoid omissions that would mislead consumers. EU enforcement and modernisation reforms introduced enhanced rules on online interfaces, rankings, fake reviews, and price reduction announcements. If you advertise a discount, the reference price should be based on the genuine prior price for a defined look-back period, typically 30 days, subject to specific exceptions.

ASAI Code: The Advertising Standards Authority for Ireland publishes the Code of Standards for Advertising and Marketing Communications in Ireland. Although self-regulatory, it is widely followed by industry and respected by regulators and broadcasters. It sets common sense rules on truthfulness, substantiation, children and vulnerable groups, promotions, comparisons, endorsements, and influencer disclosure. Breaches can lead to adverse decisions and withdrawal of ads.

Data and e-privacy: GDPR and the Data Protection Act 2018 govern personal data used for marketing, including profiling and audience targeting. The ePrivacy Regulations govern consent for email and SMS marketing, the soft opt-in for existing customers, and cookies. In practice, you need prior opt-in consent for electronic direct marketing to individuals unless the soft opt-in applies. You must offer an easy opt-out in every message. Non-essential cookies and similar technologies require prior consent.

Promotions and prize draws: If a promotion involves chance and payment to enter, it may be a lottery and require a permit or licence under the Gaming and Lotteries legislation. Free entry prize draws and skill-based contests are usually outside licensing, but they still need clear terms and conditions, eligibility rules, and a fair selection process. Avoid unfair or misleading mechanics and ensure prize descriptions and odds are accurate.

Alcohol, tobacco, vaping, and age-restricted products: Alcohol advertising is restricted by the Public Health Alcohol Act and related codes. There are content rules, placement restrictions, and limits around proximity to schools and certain public spaces, and time and audience rules in broadcast. Tobacco advertising is largely prohibited, and e-cigarette advertising faces tight restrictions. Extra care is needed to avoid targeting minors.

Food, health, medicines, and environmental claims: Health and nutrition claims must comply with EU rules and only use authorised claims. Advertising of medicines and medical devices is tightly controlled, with oversight by the Health Products Regulatory Authority. Green claims must be accurate, specific, and supported by evidence. Avoid vague terms such as eco-friendly unless you can substantiate the claim for the full life cycle or clearly state its limits.

Financial promotions: The Central Bank of Ireland requires that financial marketing is clear, fair, and not misleading. Cost of credit, risks, and key terms must be prominent, and some products have prescribed warnings.

Influencers and endorsements: Commercial content must be obviously identifiable. Influencers should label posts clearly, such as Ad or Sponsored, when there is payment or any other commercial arrangement, and they must not make claims the brand could not make itself.

Comparative advertising and testimonials: Comparisons must be objective, verifiable, and compare like with like. Testimonials and reviews must be authentic. It is unlawful to present fake reviews or misrepresent consumer experiences.

Outdoor ads, shopfronts, and local permissions in Passage West: Physical signs, banners, illuminated signs, and outdoor advertisements often require planning permission under the Planning and Development Acts and the Cork County Development Plan. Temporary event posters and roadside signs are tightly controlled. The Litter Pollution Acts and local bylaws limit fly-posting and leaflet distribution in public spaces. Early consultation with Cork County Council’s planning team can avoid removal orders and fines.

Frequently Asked Questions

Do I need permission to put up a new shop sign or banner in Passage West

Many shopfront signs, projecting signs, illuminated signs, and large banners require planning permission. Small nameplates or temporary notices may be exempt in limited cases if they meet strict size and placement criteria. Illuminated and digital displays face extra scrutiny. Always check with Cork County Council before installing to avoid enforcement action.

Can I send marketing emails or texts to customers without consent

You generally need prior opt-in consent for electronic direct marketing to individuals. The soft opt-in may apply if you obtained the customer’s contact details during a sale of your own products or services, you are promoting similar products or services, and every message includes a free and easy opt-out. Keep clear records of consent and opt-outs.

What rules apply to price reduction advertising

Price cuts must be genuine and verifiable. The advertised discount should usually reference the lowest price charged in a defined recent period, typically 30 days. Do not inflate a prior price or use short-lived higher prices to create a false impression of savings. State any important conditions, such as limited stock or time limits.

How should influencers disclose paid content

If there is any commercial arrangement, content should be clearly labelled at the start with an unmistakable disclosure such as Ad or Sponsored. The label must be easy to see and understand on every platform, including stories and reels. Influencers must also ensure claims are accurate and substantiated.

Do I need a licence for a prize draw or competition

If entry requires payment and winners are chosen by chance, the promotion may be a lottery and require a permit or licence. Free entry prize draws and skill-based contests usually do not require a licence. Publish clear terms and conditions, eligibility criteria, opening and closing dates, selection methods, and how winners will be announced. Keep a winners list and audit trail.

Can I target children with food or drink advertising

There are strict rules around marketing to children, especially for high fat, salt, or sugar products. Content, placement, and audience thresholds must be managed to avoid undue influence on children. Do not encourage pester power or unsafe behaviour, and avoid health or performance claims that are not permitted.

What should I do if I receive an ASAI complaint

Act quickly. Pause the ad if necessary, gather substantiation for your claims, and prepare a clear and factual response. Consider corrective steps such as amending claims or clarifying terms. A lawyer can help frame your response, assess risk, and deal with any follow-on issues with media owners or regulators.

Are green claims like sustainable or carbon neutral safe to use

Only if you have strong evidence. Be specific about what is sustainable or carbon neutral, the scope, and any offsets used. Avoid broad unqualified claims. Keep accessible documentation to back up every statement, and review supplier and life-cycle data.

Are there special rules for alcohol advertising in Passage West

Yes. Alcohol marketing faces content and placement restrictions at national level, including limits near schools and certain public spaces and time and audience rules for broadcast. Outdoor ads and event signage must follow local permissions and national restrictions. Avoid targeting minors, promoting immoderate consumption, or linking alcohol with social or sexual success.

What are the cookie rules for advertising and analytics

Non-essential cookies and similar technologies require informed, freely given consent before activation. Provide a clear cookie notice, granular choices, and an easy way to change preferences. Only rely on legitimate interests where the law allows, and never for electronic direct marketing to individuals without consent. Keep records of consent.

Additional Resources

Advertising Standards Authority for Ireland - Code of Standards and complaint decisions.

Competition and Consumer Protection Commission - consumer protection guidance and enforcement.

Data Protection Commission - GDPR and ePrivacy guidance, marketing and cookies.

Coimisiun na Mean - broadcast and on-demand commercial communications codes.

Central Bank of Ireland - marketing rules for financial services and products.

Health Products Regulatory Authority - rules for medicines and medical devices advertising.

Food Safety Authority of Ireland - nutrition and health claims, food marketing guidance.

Environmental Protection Agency - guidance on environmental claims and green communications.

Cork County Council - planning permissions, outdoor advertising, and local litter bylaws.

An Garda Siochana - permits and licences for lotteries and gaming promotions.

Next Steps

Clarify your objectives and risk tolerance. Identify the channels you plan to use, from outdoor and print to social, email, and influencer activity. Note any sensitive areas such as price cuts, green claims, health claims, or alcohol references. Gather substantiation, such as test results, price histories, and supplier certificates.

Audit your data and consent status. Confirm how you obtained email and SMS consents, how opt-outs are managed, and whether cookies are configured to collect consent before activation. Prepare or update your privacy notice and promotional terms and conditions.

Check local requirements in Passage West. Engage with Cork County Council early for signage, posters, and temporary banners. Plan lead time for any planning permission or event-related permissions.

Seek legal review. A solicitor with advertising and marketing experience can clear your campaign, draft influencer and sponsorship agreements, structure promotions, and prepare responses to complaints. Early advice usually saves time and cost.

Put governance in place. Train staff and partners on the ASAI Code, consumer protection rules, and privacy. Create a sign-off process that includes legal review for higher risk claims and promotions. Keep version-controlled copies of ads, claims substantiation, consents, and approvals for at least the period required by law and your internal policies.

This guide is for general information only and is not legal advice. For advice on your specific situation in Passage West, consult a qualified solicitor.