Best E-commerce & Internet Law Lawyers in Midleton

About E-commerce & Internet Law in Midleton, Ireland

E-commerce and internet law in Midleton is governed by Irish legislation aligned with European Union rules. Whether you operate a local online shop serving customers in East Cork or a platform selling across borders, the same national and EU frameworks apply. Core areas include consumer protection for distance and digital contracts, data protection and cookies, platform and marketplace duties, advertising and pricing rules, electronic contracting, intellectual property, payments and cybersecurity. Local businesses in Midleton must comply with these rules once they sell online, collect personal data, use cookies or host user content.

Why You May Need a Lawyer

You may need legal help when launching or scaling an online store, drafting website terms and privacy notices, setting up compliant cookie consent tools, or choosing lawful marketing strategies. Legal advice is valuable when handling consumer cancellations and refunds, claims about faulty goods or digital content, and CCPC or DPC investigations. Businesses often seek support to comply with Strong Customer Authentication, to resolve chargebacks, to react to data breaches or cyber attacks, to protect trade marks and copyright, to remove infringing or defamatory content, or to appeal platform takedowns under the Digital Services Act. A solicitor can also guide you through VAT rules for cross border sales, rules for age restricted products such as alcohol, accessibility duties for online services, and contracts with web developers, SaaS vendors and marketplaces.

Local Laws Overview

Consumer rights are primarily set by the Consumer Rights Act 2022. For distance and off premises contracts you must give clear pre contract information, confirm the contract on a durable medium, and honour a 14 day right to cancel for most goods and services. There are specific rules for digital content and digital services, including conformity standards and repair or refund rights. If digital content is supplied during the withdrawal period you need the consumer’s express consent and acknowledgement of losing their right to cancel. The Omnibus reforms require transparent price reductions and honest presentation of online reviews and rankings.

Electronic commerce rules come from the E-Commerce Regulations 2003, which require service provider identification on your website and set rules for online contracting and intermediary liability. Hosting and caching providers benefit from conditional safe harbours, now complemented by the EU Digital Services Act. The DSA imposes duties on online platforms and marketplaces, including notice and action mechanisms for illegal content, trader traceability, complaint handling and transparency reporting. Small and micro businesses may have lighter compliance burdens but the core obligations still apply.

Data protection is governed by the GDPR and the Data Protection Act 2018, enforced by the Data Protection Commission. You must have a lawful basis for processing customer data, meet transparency and security standards, and respect data subject rights. The Irish ePrivacy Regulations 2011 require opt in consent for non essential cookies and similar technologies, with clear information and the ability to withdraw consent. Ireland’s age of digital consent is 16, so parental authorization is required for information society services offered directly to children under 16. International data transfers must rely on an adequacy decision such as the EU US Data Privacy Framework or use appropriate safeguards.

Marketing and advertising must comply with fair commercial practices under Irish consumer law. Unsolicited electronic marketing typically needs prior consent, subject to a limited soft opt in for existing customers. Pricing must be total and transparent, with no drip fees. Local advertising should also follow the Advertising Standards Authority for Ireland code. Website accessibility requirements for certain services will expand under the European Accessibility Act from June 2025, with some exemptions for microenterprises.

Payments are regulated under PSD2. Merchants must support Strong Customer Authentication for most electronic payments and follow card scheme rules and PCI DSS if they handle card data. Financial promotions, buy now pay later arrangements and gift cards must follow specific consumer and financial rules. VAT rules for cross border EU sales may require registration for One Stop Shop or Import OSS, and customs and UK VAT rules apply for sales to the United Kingdom after Brexit. Revenue Commissioners guidance should be followed for Irish VAT obligations.

Intellectual property protection includes trade marks, copyright and design rights. Infringement issues arise commonly in domain disputes, counterfeit listings and image use. The .ie country code domain is administered by the .ie Domain Registry, which operates an alternative dispute process for abusive registrations. Defamation and harmful communications laws apply online, and hosts should operate notice procedures and consider defamation risks in moderation policies. Cybercrime is addressed by Irish criminal law and should be reported to An Garda Siochana, including the Garda National Cyber Crime Bureau.

Company and trading disclosures also matter. Irish companies must display company name, registered number, registered office, and certain other details on websites and electronic communications. Sole traders and partnerships trading under a name must register it and display the proprietor’s identity. Local practicalities in Midleton include engaging with the Local Enterprise Office for supports and ensuring licensing compliance for age restricted goods such as alcohol, including age verification and adherence to licensing conditions.

Frequently Asked Questions

Do I need website terms and a privacy notice for an Irish online store

Yes. Terms and conditions set contract basics like pricing, delivery, returns, warranties and dispute resolution. A privacy notice is legally required to explain what personal data you collect, why you process it, legal bases, retention, sharing, international transfers and user rights. You should also publish a cookie notice and obtain consent for non essential cookies.

What information must I show before checkout

Before the consumer commits to pay you must present key information clearly, including your identity and contact details, the main characteristics of the goods or services, total price including taxes and fees, delivery costs, delivery and performance timelines, the 14 day right to cancel and how to exercise it, any duration of the contract and minimum commitment, and any interoperability requirements for digital content. This information must be confirmed on a durable medium after purchase.

How does the 14 day cooling off period work for online sales

Consumers usually have 14 days from delivery to cancel a distance contract without giving a reason. You must refund within 14 days of receiving the cancellation and can withhold until goods are returned or proof is provided. There are exceptions, for example custom made goods, perishable items and digital content supplied during the cooling off period with express consent and acknowledgment of losing the right to cancel.

What are the Irish rules for cookies and analytics

Non essential cookies, including most analytics, advertising and social media cookies, require prior opt in consent under the ePrivacy Regulations. Consent must be freely given, specific, informed and unambiguous, and users must be able to withdraw easily. You also need an accurate cookie notice and should avoid nudging designs that pressure users to accept.

Do small Irish platforms have to comply with the Digital Services Act

Yes, but obligations scale with size and role. All intermediaries must have a notice and action channel and act on notices about illegal content. Marketplaces must verify trader details and present them to consumers. Very large platforms face extra duties, but small providers still need basic processes and clear terms of service.

What should I do if I suffer a data breach

Act quickly to contain the incident, assess the risk, document the facts and impacts, and implement remediation. If the breach is likely to result in a risk to the rights and freedoms of individuals, notify the Data Protection Commission without undue delay and, where feasible, within 72 hours of becoming aware. If there is a high risk, inform affected individuals without undue delay. Keep detailed records and review your security measures.

Can I email past customers with promotions without consent

Electronic marketing generally requires prior consent. However, a soft opt in allows you to market your own similar products to existing customers if you obtained their contact details in the context of a sale, offered an opt out at collection and include an opt out in every message. Do not use the soft opt in for unrelated products or for contacts acquired from third parties.

What VAT rules apply when selling to EU and UK customers

For EU cross border B2C sales you may need to register for the One Stop Shop to charge the correct VAT rate in the customer’s country. For low value goods imported into the EU, the Import OSS can simplify VAT collection. Sales to the UK are exports from an EU perspective and are subject to UK VAT and customs rules. Seek tax advice and follow Revenue guidance.

How can I protect my brand and content online

Register trade marks in Ireland or the EU, keep evidence of use, and record your rights with marketplaces where possible. Use clear IP notices on your site and contracts with developers and creators. For infringements, use platform notice systems, the .ie domain dispute process for abusive domains, and consider takedown letters or court action for persistent cases.

Are there special rules for selling alcohol or other age restricted goods online

Yes. You must hold the correct licence, implement robust age verification at sale and delivery, and comply with licensing law conditions including restrictions on sales during prohibited hours. Your advertising must also comply with Irish rules for alcohol marketing. Seek licensing advice before launching.

Additional Resources

Data Protection Commission - supervisory authority for GDPR and ePrivacy compliance, guidance and breach notifications.

Competition and Consumer Protection Commission - consumer law enforcement, pricing and online selling guidance.

Revenue Commissioners - VAT and customs rules, One Stop Shop and Import OSS information.

Companies Registration Office - company and business name registration and disclosure obligations.

Local Enterprise Office South Cork - business supports for Midleton and East Cork, including trading online supports.

.ie Domain Registry - rules for .ie registrations and alternative dispute resolution for domain disputes.

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

An Garda Siochana Garda National Cyber Crime Bureau - reporting cybercrime and obtaining assistance.

Advertising Standards Authority for Ireland - codes for online advertising and influencer marketing.

Courts Service of Ireland Small Claims Procedure - low value consumer disputes arising from online purchases.

Central Bank of Ireland - PSD2 and Strong Customer Authentication information for payment services.

European Consumer Centre Ireland - advice on cross border EU consumer issues related to online purchases.

Next Steps

Map your online activities, including what you sell, where you sell, what data you collect, what cookies you use, how you market, and whether you host user content. Identify gaps in your terms, privacy and cookies notices, returns policy, pricing displays, accessibility and payment authentication. If you plan to sell cross border, clarify VAT and customs obligations.

Gather key documents such as website terms and policies, supplier and platform agreements, data processing agreements, marketing lists and consents, incident response plans and logs, and records of consumer complaints. Preserve evidence if you face a dispute, platform suspension or data breach.

Consult an Irish solicitor experienced in e-commerce and internet law, ideally with knowledge of EU platform and consumer rules and Irish regulatory practice. For Midleton based businesses, a Cork based practitioner can offer convenient support and local referrals. Clarify timelines, scope and budget, and consider a phased compliance plan to reduce risk quickly.

If you receive a regulator letter or a legal claim, respond promptly and professionally. Do not delete content or data that may be relevant. Consider alternative dispute resolution for consumer issues and use the Small Claims procedure where appropriate. Note that civil legal aid typically does not cover business matters, so budget accordingly.

Schedule periodic reviews, because laws and platform policies evolve. Monitor updates on the Digital Services Act, cookie guidance, accessibility deadlines and consumer pricing transparency rules. Build compliance into your design and development processes so new features and campaigns launch lawfully from day one.