Best E-commerce & Internet Law Lawyers in Passage West

About E-commerce & Internet Law Law in Passage West, Ireland

E-commerce and internet law in Passage West is governed primarily by Irish national legislation and directly applicable European Union rules. Even though Passage West is a local community in County Cork, the legal framework that applies to an online shop, marketplace, app, or digital service is the same as it would be anywhere else in Ireland. Key areas include consumer protection, data protection and privacy, electronic contracting, platform liability, advertising and marketing, intellectual property, payments, cybersecurity, and tax. If you trade online from Passage West or sell into Ireland from abroad, you will need to understand how these rules apply to your website, app, and business processes.

Most obligations are practical and can be built into your online customer journey, such as clear pre-contract information, a lawful basis for processing personal data, cookie consent, strong customer authentication for payments, and easy to use returns and complaints processes. For platforms and intermediaries, additional obligations may apply under the Digital Services Act and related Irish enforcement structures.

Why You May Need a Lawyer

E-commerce looks simple on the surface but it touches many legal topics at once. You may need a lawyer if you are launching or scaling an online store, marketplace, SaaS, or mobile app, or if you are receiving regulatory queries or complaints. Common situations include drafting website terms, privacy and cookie notices, and platform policies, structuring cross-border sales and VAT obligations, verifying marketing practices and influencer campaigns, handling a data breach, managing customer disputes and chargebacks, responding to takedown or defamation notices, resolving domain name or trademark issues, negotiating platform or supplier agreements, and preparing incident response and cybersecurity plans. A lawyer can also help you audit your website and workflows, ensure compliance with Irish and EU consumer and privacy law, and reduce risk before regulators, payment providers, or users raise problems.

Local Laws Overview

Electronic contracting and online services. The Electronic Commerce Act 2000 gives legal effect to electronic contracts and signatures in Ireland and sets information duties for service providers. It implements elements of the EU E-Commerce Directive, alongside Irish rules on intermediary liability and notice-and-takedown for illegal content.

Digital Services Act. The EU Digital Services Act applies to online intermediaries and platforms that host user content or connect buyers and sellers. It preserves safe harbour principles while adding due diligence duties such as a single point of contact, transparent policies, notice mechanisms for illegal content, and reporting. In Ireland, Coimisiun na Meain has online safety and DSA enforcement roles. Large platforms have additional obligations.

Data protection and privacy. The EU General Data Protection Regulation applies in Ireland, with the Data Protection Act 2018 providing national rules and the Data Protection Commission acting as regulator. The ePrivacy Regulations 2011 govern cookies and electronic marketing. Most non-essential cookies require prior consent and clear information.

Consumer protection and distance sales. The Consumer Rights Act 2022 updated rights for goods, services, and digital content, including conformity standards and remedies. The European Union Consumer Information, Cancellation and Other Rights Regulations 2013 set pre-contract information and a 14-day right to cancel for distance sales, with defined exceptions. The Consumer Protection Act 2007 prohibits unfair, misleading, and aggressive commercial practices. Price display and discount rules also apply under Irish and EU law, including price indication requirements.

Platform-to-business fairness. The EU Platform-to-Business Regulation requires transparent terms, notice for changes, ranking disclosure, and complaint handling for online intermediation services used by business users.

Payments. The Payment Services Regulations 2018 implement PSD2 in Ireland, requiring strong customer authentication for most online card payments and regulating access to payment account information for authorized providers.

Tax and VAT. Irish VAT rules under the VAT Consolidation Act 2010 and EU schemes such as the One Stop Shop and Import One Stop Shop streamline VAT on cross-border B2C supplies. The Revenue Commissioners oversee registration and compliance.

Intellectual property and domains. Irish copyright and trademarks laws protect content and brands online. For .ie domains, the .IE Registry sets eligibility and dispute policies, with an established process to challenge abusive registrations.

Cybersecurity and cybercrime. Irish law implements EU network and information security rules and criminalizes attacks on information systems. Depending on your sector and size, additional security obligations may apply. You should maintain appropriate technical and organizational measures and an incident response plan.

Advertising and online safety. The Advertising Standards Authority for Ireland enforces a self-regulatory code on marketing communications, including influencer disclosures. The Harassment, Harmful Communications and Related Offences Act 2020 addresses harmful online communications. Coimisiun na Meain has online safety roles under the Online Safety and Media Regulation Act 2022.

Local angle for Passage West businesses. While there are no unique Passage West e-commerce by-laws, local traders that add delivery or click-and-collect should align online promises with real delivery capacity in Cork and ensure age verification for restricted goods. If you sell to other EU countries, remember that the consumer law of the buyer’s country may also apply in certain areas.

Frequently Asked Questions

What legal information must my Irish e-commerce site display

You should clearly show your business name, registered company name if incorporated, company number, geographic address, a contact email address, VAT number if registered, pricing that includes taxes and delivery charges or explains them before checkout, key characteristics of goods or services, accepted payment methods, delivery and performance timelines, returns and cancellation policy, complaint handling information, and your terms and conditions, privacy notice, and cookie notice.

Do online consumers have a right to cancel and how do refunds work

For most distance contracts, consumers have a 14-day right to cancel without giving a reason, starting from delivery for goods and from contract for services or digital content. You must reimburse the consumer within 14 days of receiving the cancellation, using the original payment method where possible, and you may withhold the refund until goods are returned or evidence of return is provided. There are exceptions, for example for sealed health products once unsealed, goods made to specification, and fully performed services after explicit prior consent and acknowledgement of losing the right to cancel.

Do I need a cookie banner in Ireland

Yes for most non-essential cookies. Under the ePrivacy Regulations, you need prior consent for analytics, advertising, and similar cookies that are not strictly necessary. Consent must be informed, freely given, specific, and as easy to withdraw as to give. Your cookie notice should describe categories, purposes, retention, and third parties, and your banner should allow reject and accept choices, not just accept.

How does GDPR apply to a small Passage West online shop

GDPR applies regardless of size if you process personal data. You must identify lawful bases for each processing activity, keep records of processing, provide a clear privacy notice, honor data subject rights, secure data with appropriate measures, have processor contracts with vendors, and assess international transfers. A Data Protection Officer is required only in certain cases, such as large scale monitoring or special category data processing.

What should I do if I suffer a data breach

Activate your incident response plan, contain the breach, assess risk to individuals, and keep detailed records. If the breach is likely to result in a risk to rights and freedoms, you must notify the Data Protection Commission without undue delay and where feasible within 72 hours. If the risk is high, you must also inform affected individuals without undue delay. Review root cause and implement corrective actions.

What is strong customer authentication and who is responsible

Strong customer authentication under PSD2 requires two independent factors out of knowledge, possession, and inherence for most online payments. Issuers and payment service providers enforce SCA, typically using 3DS2 for cards. Merchants must support SCA flows, provide accurate transaction data for exemptions, and be ready to handle soft declines by retrying with SCA when required.

Can I email customers marketing messages without consent

For individuals, you generally need prior consent under the ePrivacy Regulations. A limited soft opt-in allows marketing of your similar products to existing customers if you collected their details during a sale, gave a clear opt-out at collection, and include an unsubscribe in every message. For business contacts, rules are less strict but transparency and opt-outs are still essential. Keep auditable records of consent and preferences.

How should I handle VAT for cross-border online sales

For B2C sales of goods to EU customers, consider using the One Stop Shop to report and pay VAT due in the consumer’s member state through a single Irish return. For low value imports into the EU, the Import One Stop Shop can simplify VAT collection at checkout. Register with the Revenue Commissioners as needed and configure your checkout to calculate VAT correctly by product type and destination.

Are online marketplaces or hosts liable for user content

Intermediary safe harbours exist if you act as a passive host, but you must act expeditiously when you obtain knowledge of illegal content. The Digital Services Act adds due diligence duties such as clear terms, notice and action mechanisms, user complaints handling, and transparency reporting. If you curate or promote listings, or play an active role in transactions, additional consumer law and product safety responsibilities may apply.

How do I protect my brand and deal with domain or content issues

Register your trademark in Ireland or the EU to strengthen enforcement. Register your preferred .ie domains early. If someone registers a confusingly similar .ie domain in bad faith, the .IE Registry has an alternative dispute process. For content misuse, use platform notice tools or send a formal takedown notice citing copyright or trademark rights. Preserve evidence and consider injunctive relief for urgent cases.

Additional Resources

Data Protection Commission. The national regulator for GDPR and privacy compliance, guidance, and complaints.

Competition and Consumer Protection Commission. Guidance and enforcement on consumer rights, unfair commercial practices, and pricing rules.

Coimisiun na Meain. Regulator with online safety functions and roles under the Digital Services Act and online media regulation.

Commission for Communications Regulation ComReg. Regulates electronic communications and related consumer issues.

Revenue Commissioners. VAT registration, One Stop Shop and Import One Stop Shop schemes, and tax guidance for online traders.

Companies Registration Office. Company incorporation and filings, including public company information for transparency statements.

.IE Registry. The registry for .ie domain names, eligibility rules, and alternative dispute resolution.

Advertising Standards Authority for Ireland. Industry code and rulings on advertising, including influencer disclosures and pricing claims.

European Consumer Centre Ireland. Assistance for consumers and businesses with cross-border EU e-commerce issues.

Local Enterprise Office Cork South. Local business supports, training, and mentoring for online trading and digital growth.

Next Steps

Define your online offering and map your customer journey from marketing through checkout, delivery, and aftercare. Use that map to identify legal touchpoints such as pre-contract information, pricing and delivery terms, cancellation and returns, privacy and cookies, payment authentication, and complaint handling. Prepare or update core documents, including terms and conditions, privacy notice, cookie notice with consent tools, returns policy, and platform policies if you host third party content or sellers.

Audit your data processing by building a data inventory, confirming lawful bases, minimizing collection, securing systems, and putting in place processor agreements with vendors. Set up a breach response plan and train staff. Verify that your payment flows support strong customer authentication and that your acquirer or gateway has enabled appropriate exemptions. Align your VAT setup with OSS or IOSS if relevant and test destination based tax calculations.

Protect your brand and content by registering trademarks, securing key domains, and planning efficient takedown workflows. If you trade on or operate a platform, check your obligations under the Digital Services Act, the Platform-to-Business Regulation, and consumer law for marketplace environments. Review marketing practices, including consent capture, unsubscribe processes, influencer disclosures, and price reduction claims.

If you need legal assistance, gather your current website or app screenshots, policies, customer emails and templates, contracts with suppliers and platforms, payment provider terms, data maps, and any regulator or customer correspondence. Contact a solicitor experienced in Irish e-commerce and internet law, explain your business model and markets, and request a scoped review with clear timelines and fees. For urgent matters such as a data breach, defamatory content, or a platform suspension, seek immediate advice so that notifications, takedowns, or injunctive steps can be handled within required timeframes.

This guide provides general information only. For advice tailored to your situation in Passage West and the wider Irish and EU legal context, consult a qualified solicitor.