Best E-commerce & Internet Law Lawyers in Cobh

About E-commerce & Internet Law in Cobh, Ireland

E-commerce and internet activity in Cobh operates within the Irish legal system and the wider European Union framework. Whether you sell goods online, provide digital services, run a marketplace, or host user-generated content, you are subject to Irish statutes, EU regulations that apply directly, and EU directives as implemented in Ireland. Local practice in Cobh aligns with national rules, and disputes are handled through the Irish courts serving County Cork.

Core pillars include the Electronic Commerce Act 2000 for electronic signatures and records, the European Communities Electronic Commerce Regulations 2003 for information duties and intermediary liability, the General Data Protection Regulation alongside the Data Protection Act 2018 for privacy, the ePrivacy Regulations 2011 for cookies and direct marketing, and the Consumer Rights Act 2022 for consumer contracts for goods, services, and digital content. Other important areas include intellectual property, payment services and strong customer authentication, advertising standards, the Digital Services Act for online intermediaries, cybersecurity and cybercrime law, and tax rules such as VAT and the One Stop Shop for cross-border sales.

Because online trading typically crosses county and national borders, compliance rarely stops at website terms. You should consider privacy and cookie governance, clear consumer information and returns handling, platform policies for content moderation, IP protection, payment and fraud risk, and transparent marketing practices. A solicitor can help tailor these requirements to your specific business model in Cobh.

Why You May Need a Lawyer

Launching or scaling an online shop often requires bespoke website terms and conditions, privacy and cookie notices, and compliant checkout flows that respect Irish consumer law. A lawyer can draft or review these documents to fit your products, delivery methods, and returns handling, and to reduce the risk of unfair terms.

If you process personal data, you may need help selecting lawful bases, designing consent flows, drafting data processing agreements with vendors, carrying out data protection impact assessments, and preparing breach response plans. This is especially important if you use analytics, adtech, or cross-border services.

Marketplace operators, app developers, and platforms that host user content benefit from advice on the Digital Services Act, notice-and-action procedures, user terms, acceptable use policies, repeat infringer policies, and transparency obligations, as well as defamation and takedown risk.

Businesses commonly need support with influencer agreements, advertising compliance, and pricing or promotions law, as well as with intellectual property protection, domain disputes, licensing, and enforcement against copycats and counterfeiters. Payment and tax issues also arise, including PSD2 strong customer authentication, chargebacks, and VAT for EU and non-EU sales via OSS or IOSS.

When disputes occur, such as consumer complaints, small claims, delivery failures, reputational issues, or data breaches, a solicitor can advise on resolution strategy, regulatory engagement with the Data Protection Commission or other bodies, and litigation options through the local courts serving Cobh and County Cork.

Local Laws Overview

Electronic Commerce Act 2000 - Recognises legal effect of electronic signatures, electronic contracts, and electronic records, and supports retention and admissibility of electronic communications.

European Communities Electronic Commerce Regulations 2003 - Implements the EU eCommerce Directive in Ireland, setting out information obligations for online service providers, rules on commercial communications, contract formation, and safe harbours for conduit, caching, and hosting providers.

General Data Protection Regulation and Data Protection Act 2018 - Governs processing of personal data, lawful bases, transparency, data subject rights, processor agreements, security, and breach notification within 72 hours to the Data Protection Commission where required.

ePrivacy Regulations 2011 - Requires consent for non-essential cookies and sets rules on unsolicited direct marketing to individuals, identification of the sender, and opt-out rights.

Consumer Rights Act 2022 - Consolidates Irish consumer law for goods, services, and digital content or digital services, including pre-contract information, conformity standards and remedies, and cancellation rights for distance contracts, along with unfair terms controls.

Consumer Protection Act 2007 - Prohibits unfair, misleading, and aggressive commercial practices, including misleading pricing and unfair promotions, enforced by the Competition and Consumer Protection Commission.

Digital Services Act - Applies directly across the EU to online intermediaries and platforms, introducing duties around notice-and-action, illegal content handling, transparency of advertising and recommender systems, and reporting. In Ireland, Coimisiun na Mean has key enforcement roles.

Payment Services Regulations implementing PSD2 - Mandate strong customer authentication for most electronic payments and allocate liability for unauthorised transactions, overseen by the Central Bank of Ireland for regulated payment firms.

Intellectual property - Copyright is governed by the Copyright and Related Rights Act 2000 as amended. Trade marks can be protected under the Trade Marks Act 1996, the EU trade mark regime, and by passing off. Designs protection may also apply to product appearance.

Cybersecurity and cybercrime - Security and incident obligations may arise under sectoral rules and the Network and Information Security framework. Cyber offences are addressed by the Criminal Justice Offences Relating to Information Systems Act 2017. The Garda National Cyber Crime Bureau investigates cyber offences.

.ie domain rules - The .IE Registry sets eligibility and naming rules and operates an alternative dispute resolution policy for .ie domain disputes that is similar in spirit to UDRP.

Tax and VAT - The Revenue Commissioners oversee VAT obligations. E-commerce traders often use the One Stop Shop for EU cross-border B2C supplies of goods and certain services, and the Import One Stop Shop for low value consignments imported into the EU.

Advertising standards - The Advertising Standards Authority for Ireland issues a self-regulatory code that applies to online marketing, influencers, and native advertising, requiring that ads are truthful and clearly identifiable as advertising.

Courts and procedures - Consumer disputes can sometimes be brought in the Small Claims procedure in the District Court up to a modest monetary limit. Larger disputes are handled by the Circuit Court or High Court. Businesses in Cobh typically fall under the Cork court venues.

Frequently Asked Questions

What information must my Irish e-commerce website display?

Provide your legal name, geographic address, and a contact email or online form. If registered, include company number and place of registration. If VAT registered, show your VAT number where relevant. Make your terms and conditions easily accessible, explain pricing clearly including delivery charges and taxes, provide a transparent returns and complaints process, and display your privacy policy and cookie notice with a consent mechanism for non-essential cookies.

Do Irish consumers always have a 14-day right to cancel?

For most distance contracts, consumers have a 14-day right to cancel from delivery or from contract for services or digital content. There are exceptions, including custom or personalised goods, sealed goods not suitable for return for health or hygiene reasons once unsealed, perishable goods, and digital content once download or streaming begins with the consumer’s prior consent and acknowledgement of losing the right to cancel. You must inform consumers of the right and provide a model withdrawal form.

Are electronic signatures legally valid?

Yes. Under the Electronic Commerce Act 2000 and the EU eIDAS Regulation, electronic signatures are valid and enforceable. Simple e-signatures can be used for many contracts. Advanced and qualified electronic signatures offer higher assurance. Certain documents such as wills and some property and court documents may require specific formalities and are typically excluded from e-signature.

What do I need to do about cookies and tracking?

Obtain prior consent for non-essential cookies and similar technologies. Provide clear information about purposes, identify each category of cookies, and give users a real choice to accept or reject non-essential cookies, with the ability to change choices later. Essential cookies that are strictly necessary do not require consent. Keep a record of consents and ensure your consent tool does not bundle consent or use pre-ticked options.

What are the key GDPR steps for a small online retailer?

Map your data, define lawful bases for each processing activity, and limit collection to what is necessary. Provide a transparent privacy notice. Put data processing agreements in place with service providers such as payment gateways, hosting, analytics, and email tools. Implement security measures, access controls, and retention schedules. Prepare a breach response plan and procedures for handling data subject rights. Consider children’s data carefully and avoid unnecessary profiling without proper safeguards.

Can I send marketing emails or texts to customers in Ireland?

You need consent from individual subscribers for unsolicited electronic marketing unless the soft opt-in applies. The soft opt-in allows marketing about your own similar products or services to existing customers where you collected their details during a sale, gave them a clear opportunity to opt out at collection, and include an opt-out in every message. Marketing to corporate subscribers is more permissive but still requires clear identification and an easy opt-out. Always honour opt-outs promptly.

I run a marketplace or allow user reviews - what are my duties?

Under the eCommerce framework and the Digital Services Act, you should provide a notice-and-action channel for illegal content, act expeditiously on valid notices, and apply your policies consistently. Publish clear terms, explain moderation rules, and offer a complaints mechanism. Keep records of decisions, provide transparency on advertising and rankings where applicable, and take steps against repeat abusers. Defamation and consumer protection risks can arise from user reviews, so prompt and fair handling is important.

How do I protect my brand and content online?

Register your trade mark in Ireland or at EU level where appropriate, and consider design protection. Use clear website terms and watermarks for content. Monitor marketplaces and social platforms for infringement. Use platform notice-and-takedown tools and send infringement notices with evidence of rights. For .ie domain squatting, consider the .IE alternative dispute resolution process. Where necessary, seek court orders or settlements, and maintain evidence of use for enforcement.

Do I need to charge VAT on cross-border online sales?

Irish VAT applies to domestic sales to consumers. For cross-border B2C sales within the EU, most sellers use the One Stop Shop to declare and pay VAT due in other EU countries without multiple registrations. For low value goods imported into the EU, the Import One Stop Shop can simplify collection of VAT at checkout. Sales to customers outside the EU may be zero-rated for VAT, but import taxes may apply on arrival. Always confirm your specific obligations with Revenue or a tax adviser.

What should I do if I suffer a data breach?

Activate your incident response plan, contain and assess the breach, and document your findings. Determine risk to individuals and whether you must notify the Data Protection Commission within 72 hours. If there is a high risk to individuals, inform affected people without undue delay with guidance on protective steps. Review contracts with processors, fix the root cause, and record the incident in your breach register. Consider legal advice early to manage regulatory and contractual risk.

Additional Resources

Data Protection Commission - National regulator for GDPR and ePrivacy matters, with guidance on consent, children’s data, and breach notification.

Competition and Consumer Protection Commission - Guidance on consumer rights, distance selling, pricing, and unfair commercial practices.

Coimisiun na Mean - Regulator with roles under the Digital Services Act and online safety framework for platforms and video-sharing services.

Commission for Communications Regulation ComReg - Information on electronic communications and certain marketing rules.

Revenue Commissioners - VAT, OSS and IOSS schemes, and e-commerce tax guidance.

Central Bank of Ireland - Authorisation and rules for payment institutions and e-money issuers under PSD2.

.IE Registry - Policies and dispute resolution for .ie domain names.

Intellectual Property Office of Ireland and EU Intellectual Property Office - Trade mark and design registration and guidance.

Advertising Standards Authority for Ireland - Codes and guidance on online advertising, influencer marketing, and disclosures.

European Consumer Centre Ireland - Help for cross-border consumer disputes within the EU.

Garda National Cyber Crime Bureau - Law enforcement point of contact for cyber offences.

Local Enterprise Office Cork - Practical support for small businesses in Cobh and the wider Cork area, including compliance and export readiness programs.

Next Steps

Scope your online activity and risks. List what you sell, where your customers are, what data you collect, which vendors you use, what content users can post, and which jurisdictions you target. This scoping exercise guides the legal work and helps control costs.

Gather key documents and records. Prepare current terms and conditions, privacy and cookie notices, vendor contracts, policies for returns, complaints, and content moderation, marketing templates, and any DPIAs or security policies you already use.

Speak with a solicitor experienced in e-commerce and internet law. Ask about experience with GDPR, consumer law, the Digital Services Act, IP enforcement, and cross-border VAT. Clarify scope, timelines, deliverables, and fee structures such as fixed-fee packages for policies and reviews.

Prioritise quick wins. Typically these include updating your privacy and cookie notices, deploying a compliant cookie consent tool, fixing checkout disclosures and returns wording, tightening platform terms and takedown processes, and addressing high-risk data flows.

Plan for ongoing compliance. Schedule periodic policy reviews, staff training for customer support and content moderation, vendor due diligence, security testing, and marketing checks before campaigns go live. Keep records to demonstrate accountability to regulators.

Consider dispute readiness. Set up a clear complaints process, escalation paths, and template responses. For higher-risk issues such as data breaches or IP infringement, agree a rapid response plan with your solicitor and technical partners.

This guide provides general information only and is not legal advice. For advice tailored to your situation in Cobh, consult a qualified Irish solicitor.