Best E-commerce & Internet Law Lawyers in Gorey

About E-commerce & Internet Law Law in Gorey, Ireland

This guide gives a practical introduction to e-commerce and internet law for people and businesses in Gorey, County Wexford, Ireland. E-commerce law covers the legal rules that apply to buying and selling goods and services online, running websites and apps, handling personal data, and managing online disputes. Businesses operating from Gorey must follow Irish law and relevant European Union law that applies across member states. Key areas include consumer protection, data protection, online terms and conditions, intellectual property, electronic contracting and platform liability. This guide explains common issues, local considerations and practical next steps if you need legal help.

Why You May Need a Lawyer

Online business and internet activity create a mix of commercial, regulatory and technical risks. You may need a lawyer if you face any of the following situations:

- Setting up an online store, subscription service or marketplace and drafting user terms, privacy policy and cookie notices to ensure legal compliance.

- Handling customer complaints, chargebacks, refunds or returns where consumer law issues arise.

- Responding to a data breach, subject access request or regulatory investigation under GDPR.

- Protecting or enforcing intellectual property rights such as trade marks, domain names or copyrighted content.

- Dealing with defamation, harmful online content or takedown notices involving platforms and hosting providers.

- Structuring cross-border sales, VAT and payment processing for EU or international customers.

- Facing threats of litigation, contractual disputes with suppliers, developers or platform partners, or needing representation in court or alternative dispute resolution.

- Negotiating platform terms, third-party integrations or B2B contracts that carry commercial risk.

Local Laws Overview

When operating an online business in Gorey you should be aware of the main legal frameworks that commonly apply in Ireland:

- Electronic Commerce Regulations - The European Communities (Electronic Commerce) Regulations 2003 implement EU rules about online information requirements for service providers, commercial communications, and intermediaries. They set out notice and liability rules for hosting and service providers.

- Data Protection - The EU General Data Protection Regulation - GDPR - and the Irish Data Protection Act 2018 govern how personal data must be collected, processed and stored. Businesses must have lawful bases for processing, provide privacy notices, and take steps to secure personal data. Certain breaches must be reported to the Data Protection Commission within a tight timeframe.

- Consumer Protection and Distance Selling - EU consumer law and Irish consumer protection legislation require pre-contract information, clear pricing, delivery information and cancellation rights for distance selling. Consumers normally have a right to cancel within 14 days for many purchases, with some exceptions for sealed or digital goods once supplied.

- Payment Services and Online Payments - Payment Services Directive rules and domestic payment regulations set obligations for electronic payment providers and strong customer authentication requirements for card transactions.

- Intellectual Property - Copyright, trade mark and design laws protect creative works, brands and designs. You should respect third-party rights and protect your own assets by registering trade marks where appropriate and using clear licensing agreements.

- Cookies and Electronic Communications - Rules derived from ePrivacy and GDPR require transparency and, in many cases, consent for cookies and tracking technologies.

- Platform Liability and Content Moderation - Hosting providers and platforms have limited liability for third-party content while inactive, but must act when notified of illegal content. New EU-level rules such as the Digital Services Act also introduce additional obligations for larger online platforms and systemic services.

- Contracts and Jurisdiction - Standard commercial law principles apply to contracts concluded online. Clauses on governing law and jurisdiction will be important, but consumer rights may limit contractual choice-of-law clauses where consumers are involved.

Frequently Asked Questions

Do I need a privacy policy for my website or online shop?

Yes. Under GDPR and Irish data protection law you must provide clear information to visitors about how you collect, use and store personal data. A privacy policy should explain what personal data you process, the legal basis for processing, how long you retain data, security measures, data subject rights and contact details for the data controller. The policy must be easily accessible and kept up to date.

What information must I show before a customer completes an online purchase?

You must provide pre-contractual information including the trader name and address, main characteristics of the goods or services, total price including taxes and fees, delivery costs and times, payment terms, the right to cancel and procedures for returns. This information should be clearly visible before payment is taken.

How long does a consumer have to cancel an online order?

In most distance sales transactions consumers have a 14-calendar-day right to withdraw from a contract without giving a reason. There are exceptions, for example sealed goods that cannot be returned for health or hygiene reasons if unsealed, and certain digital content once performance has started with consumer consent. Refund timing and costs for return shipping must be made clear to the consumer.

What are my obligations if there is a personal data breach?

If a breach is likely to result in a risk to individuals rights and freedoms you must notify the Data Protection Commission within 72 hours of becoming aware of the breach. Where the breach creates a high risk to affected individuals you must also communicate the breach to those individuals without undue delay. You should have an incident response plan, document what happened and take steps to contain the breach.

How does Irish law treat user-generated content and platform liability?

Hosting providers and intermediaries generally have limited liability for unlawful third-party content while they are merely transmitting or temporarily storing it. Once the provider has actual knowledge of illegal content, different duties can arise to remove or disable access. Irish law follows the eCommerce Regulations in this area and EU developments such as the Digital Services Act affect larger platforms. Prompt action on valid notices is important.

What should my terms and conditions cover?

Terms and conditions should cover the supply contract, pricing, payment, delivery, cancellation and returns, liability limits, warranties, intellectual property, data handling, dispute resolution and governing law. Ensure consumer-facing terms comply with mandatory consumer protections and avoid unfair terms. Clear, plain-language terms reduce disputes and support enforceability.

How do I protect my brand and content online?

Consider registering trade marks for brand names and logos, use copyright notices and maintain records of creation dates for original content. Use licensing agreements with contractors and suppliers, monitor marketplaces for misuse of your brand and act quickly to enforce rights through takedowns, cease-and-desist letters or litigation when necessary.

Do I need to register for VAT or use the EU OSS scheme when selling online?

VAT obligations depend on where your business is established, the location of customers and the value of cross-border sales. Sales to consumers in other EU states may be subject to local VAT rules. The One Stop Shop - OSS - simplifies reporting and payment for B2C distance sales across the EU. Consult Revenue Commissioners guidance or a tax adviser to determine registration and filing requirements for your situation.

What steps should I take if a customer threatens legal action?

Preserve all relevant records including order details, correspondence, delivery confirmations and screenshots. Respond calmly and professionally to seek resolution. Consider using alternative dispute resolution or mediation. If the threat appears credible or the claim is complex, consult a solicitor promptly for advice on liability, evidence and possible defence or settlement options.

Where can I resolve consumer disputes without going to court?

Many consumer disputes are resolved through direct negotiation, mediation or alternative dispute resolution bodies. The Competition and Consumer Protection Commission and sector-specific dispute resolution schemes can help. For cross-border EU disputes there is an online dispute resolution platform. Keeping clear records and offering fair remedies often prevents escalation to court.

Additional Resources

For legal information and practical support consider contacting or consulting materials from the following bodies and organisations in Ireland:

- Data Protection Commission - the national regulator for data protection compliance and breach reporting.

- Competition and Consumer Protection Commission - the statutory consumer protection authority.

- Revenue Commissioners - for VAT, tax and payment services guidance.

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

- Law Society of Ireland - for finding regulated solicitors and guidance on legal practice.

- Citizens Information - general consumer rights and public information.

- Wexford Local Enterprise Office - local business supports and start-up advice for Gorey-based enterprises.

- Courts Service of Ireland - information on court procedures and where civil claims are heard.

- European Consumer Centre - Ireland - help with cross-border consumer disputes within the EU.

Next Steps

If you need legal assistance in Gorey for an e-commerce or internet law matter follow these practical steps:

- Clarify the issue - write a short summary of the problem, the timeline, and the outcome you want.

- Gather documentation - collect contracts, invoices, order confirmations, screenshots, privacy policies, emails and any correspondence with customers or platforms.

- Identify applicable laws - note whether the matter involves data protection, consumer rights, IP, contract disputes or regulatory compliance, and whether it raises cross-border considerations.

- Contact a solicitor - search for solicitors experienced in e-commerce, data protection or commercial law. Ask for an initial consultation and cost estimate. The Law Society of Ireland can help you locate regulated solicitors.

- Ask about fixed fees - for common tasks such as drafting terms, reviewing privacy policies or sending a legal letter, ask whether a fixed fee is available.

- Consider interim steps - preserve evidence, suspend questionable listings or services if necessary, and implement a basic privacy and cookie notice if you do not already have one.

- Explore alternative dispute resolution - often mediation or negotiation is quicker and less expensive than court action.

- Plan for compliance - once immediate issues are addressed, build or update a compliance checklist - privacy policy, terms and conditions, cookie notice, data retention policy, security measures and staff training.

If you need help finding a suitable solicitor in Gorey or want guidance on what to prepare for a first meeting, a local solicitor with e-commerce or internet law experience can advise on options tailored to your circumstances.