Best E-commerce & Internet Law Lawyers in Cobh

About E-commerce & Internet Law in Cobh, Ireland

E-commerce and Internet law in Cobh operates under Irish national law and directly applicable European Union rules. Whether you sell goods online from a home office in Cobh, run a content platform, provide digital services, or market to customers across Ireland and the EU, you must comply with consumer protection, data protection, electronic contracting, advertising, intellectual property, and payment security obligations. The legal framework blends Irish statutes such as the Electronic Commerce Act 2000 and Data Protection Act 2018 with EU instruments including the General Data Protection Regulation, the ePrivacy rules on cookies and electronic marketing, the Electronic Commerce Directive as implemented in Ireland, and newer regimes like the Digital Services Act for platforms. Local business considerations also matter, including company registration, VAT with Revenue, and sector specific licensing if you sell regulated products. Firms in Cobh often trade regionally and cross border, so rules on distance sales, returns, VAT OSS or IOSS, and cross border consumer rights are especially relevant.

Why You May Need a Lawyer

Launching or scaling an online venture involves legal decisions that affect risk, cost, and customer trust. A solicitor can help you choose the right business structure, set compliant website terms, and draft contracts with suppliers, developers, and logistics partners. If you process personal data, you will need guidance on GDPR, privacy notices, cookies, data processing agreements, international transfers, and data breaches. If you sell to consumers, you must offer clear pre contract information, a 14 day right to cancel for distance sales with defined exceptions, fair returns handling, and complaint processes. Payment and checkout flows must incorporate strong customer authentication and refunds logic that fits Irish and EU rules. Marketing raises rules on consent for emails and texts, influencer disclosures, pricing and promotions, and advertising standards. If you host user content or operate a marketplace, you must manage notice and takedown, platform transparency, and illegal content risks under the e commerce safe harbors and the Digital Services Act. A lawyer can also help resolve disputes about chargebacks, defective products, defamation or fake reviews, takedowns, intellectual property infringement, and cross border VAT or customs issues post Brexit.

Local Laws Overview

Electronic contracting and signatures are recognized under the Electronic Commerce Act 2000 and the EU eIDAS framework. Valid online contracts require clear terms, ability to correct errors before order submission, technical steps to conclude a contract, and durable confirmation. Qualified electronic signatures carry enhanced evidential value under EU law.

Consumer protection is governed by the Consumer Rights Act 2022, the Consumer Protection Act 2007, and related regulations. Key points include pre contract information duties, transparent pricing, fair terms, a 14 day right of withdrawal for distance contracts with exceptions for custom goods, perishables, urgent repairs, and some digital content that the consumer chooses to begin within the withdrawal period. The Act also sets conformity rules for goods, digital content, and digital services, with repair, replacement, or refund remedies.

Data protection is regulated by the GDPR and the Data Protection Act 2018. You must identify a lawful basis for processing, give concise privacy information, respect data subject rights, implement security measures, keep records, and notify the Data Protection Commission and affected individuals of eligible breaches. Cookies and similar technologies are covered by the ePrivacy rules that require consent for non essential cookies and clear cookie notices. Email and SMS marketing generally require opt in consent, with a limited soft opt in available for existing customers if strict conditions are met and an easy opt out is offered.

Online intermediary liability and platform duties are shaped by the European Communities Electronic Commerce Regulations 2003 and the EU Digital Services Act. Hosting providers benefit from conditional safe harbors if they lack actual knowledge of unlawful activity and act expeditiously on notice. Platforms must operate notice mechanisms, provide reasons for moderation decisions, and meet transparency obligations proportionate to their size.

Payments and security are governed by the European Union Payment Services Regulations implementing PSD2. Strong customer authentication applies to most online card payments, with limited exemptions. Merchants must work with compliant payment service providers and handle refunds and chargebacks in line with scheme rules and consumer law.

Advertising and marketing must follow the Consumer Protection Act 2007, price display rules, and the Advertising Standards Authority for Ireland codes. Influencer and affiliate marketing require clear and prominent disclosures. Comparative and promotional advertising must be truthful, substantiated, and not misleading.

Intellectual property law protects trademarks, copyright, and designs online. Using third party content, images, fonts, or software without a license risks infringement. Rights owners can use notice and takedown procedures. Domain names in the .ie space are managed by the .IE Domain Registry with policies on registration and disputes.

Cybercrime and online harms are addressed by Irish criminal law including the Criminal Justice Offences Relating to Information Systems Act 2017 and the Harassment, Harmful Communications and Related Offences Act 2020. Businesses should maintain incident response plans and cooperate with law enforcement when required.

Cross border trade considerations include the EU VAT e commerce package, the One Stop Shop for intra EU distance sales, and the Import One Stop Shop for low value imports. Sales to the United Kingdom are outside EU VAT and customs and may trigger UK consumer, VAT, and customs obligations depending on your model.

Frequently Asked Questions

What does e commerce and internet law cover for a business in Cobh

It covers how you form contracts online, what you must tell consumers, cancellation and refund rights, data protection and cookies, online advertising standards, payment security, platform liability, intellectual property, and how you handle disputes and complaints. It also includes cross border VAT and regulatory issues when you sell outside Ireland.

Are my website terms and conditions legally required

You are required to give certain pre contract information and to confirm the contract on a durable medium. While the law does not prescribe a single document, clear terms of sale, privacy notice, cookie notice, and website terms reduce risk and are the usual way to meet legal duties and set expectations on delivery, returns, warranties, and liability.

Are electronic signatures and clickwrap agreements valid in Ireland

Yes. Electronic signatures and clickwrap acceptance are generally valid under the Electronic Commerce Act 2000 and eIDAS. For higher risk transactions, use advanced or qualified electronic signatures and keep strong audit trails showing informed consent, identity, and the exact terms accepted.

Do I need consent for cookies and analytics

Consent is required for non essential cookies such as analytics, advertising, and social media plugins. Only strictly necessary cookies can be set without consent. You must present a clear banner, avoid pre ticked boxes, and give an easy way to withdraw consent.

What are the rules on email marketing to Irish consumers

You generally need prior opt in consent to send promotional emails or texts. A soft opt in is allowed when you obtained details during a sale of similar products to that customer, provided you offer a clear opt out at collection and in every message. You must honor opt outs promptly and keep consent records.

What is the 14 day right to cancel and what are the main exceptions

For distance consumer contracts, the customer usually has 14 days to cancel from delivery or from conclusion for services and digital content. Exceptions include custom or clearly personalized goods, perishable goods, sealed health products once unsealed, urgent repairs or maintenance, and some digital content if the consumer consented to immediate performance and acknowledged losing the right to withdraw.

How does GDPR apply to my small online shop

You must identify a lawful basis for processing orders and marketing, provide a concise privacy notice, minimize data collected, secure it, sign data processing agreements with service providers, respect access and deletion requests, and notify eligible breaches. Even micro businesses must comply, but the measures should be proportionate to risk.

What should I do if someone posts defamatory or fake reviews about my business

Preserve evidence, check the platform process for reporting unlawful content, and submit a targeted notice with details. Consider a prompt, factual response to customers. If the statement is defamatory and harmful, a solicitor can issue a takedown request and advise on defamation or other remedies. Avoid retaliatory or inflammatory replies.

Can I sell to the UK from Cobh using my Irish website

Yes, but you must consider UK consumer rights, customs, and VAT registration depending on your volumes and fulfillment model. Shipping from Ireland to Great Britain may involve customs declarations, duties, and different return logistics. A solicitor or tax adviser can help you structure this correctly.

Do I need any special licenses to sell online

Most general goods need no special license, but regulated products such as alcohol, health products, tobacco and vaping products, firearms, and certain food categories require licensing and age verification. You also need to register your business, meet tax obligations, and comply with sector specific rules.

Additional Resources

Data Protection Commission - guidance on GDPR, cookies, breaches, and children’s data. Competition and Consumer Protection Commission - consumer rights, unfair practices, pricing, and complaint handling. Companies Registration Office - company and business name registration and filings. Revenue Commissioners - VAT registration, OSS and IOSS, customs, and tax guidance. .IE Domain Registry - .ie domain rules and dispute procedures. Advertising Standards Authority for Ireland - codes for advertising, influencer and social media marketing. European Consumer Centre Ireland - cross border consumer dispute information and assistance. National Cyber Security Centre - cybersecurity guidance for businesses. Garda National Cyber Crime Bureau - reporting cybercrime incidents. Courts Service of Ireland - civil procedures and small claims information. Local Enterprise Office Cork - mentoring and grants for SMEs trading online.

Next Steps

Clarify your business model and footprint. Document what you sell, where you sell, who your customers are, what data you collect, which vendors you use, and how your checkout, delivery, and returns work. Identify any regulated products or special audiences such as children.

Gather your materials. Have your current website or app, draft terms, privacy and cookie notices, marketing plans, customer journey screenshots, payment flow diagrams, vendor contracts, and any prior complaints or incidents ready for review.

Book a consultation with a solicitor experienced in e commerce law in Cobh or the wider Cork area. Ask for a scoped compliance review covering consumer law, GDPR and ePrivacy, advertising, payments, and platform duties. Request practical priorities, a timeline, and a fixed fee or transparent pricing.

Implement fixes step by step. Update terms and customer communications, deploy a compliant cookie banner, adjust consent capture, refine returns and complaints processes, and roll out staff training. Put in place data processing agreements, records of processing, and an incident response plan. Align your marketing and influencer agreements with Irish rules.

Monitor and maintain. Assign responsibility for ongoing compliance, audit key vendors, track legal updates, and schedule periodic reviews. As you expand to new markets or launch new features, seek targeted legal advice early to avoid costly retrofits.

If a dispute or breach occurs, act quickly. Preserve evidence, notify affected parties and regulators where required, and engage your solicitor to manage communications and resolution. Early action usually limits damage and cost.