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 operates within the Irish legal system and the wider European Union framework. While Passage West is a Cork harbour town with no separate municipal statute book for online trade, any online business based in or selling into Passage West must comply with Irish legislation and directly applicable EU regulations. Key areas include consumer protection for distance sales, data protection and cookies, online advertising and unsolicited marketing, electronic contracts and signatures, platform liability and moderation, product safety, cybersecurity, and tax and VAT compliance. If you sell goods or services online, run a marketplace, develop apps or software, use cookies or analytics, send marketing emails or texts, or handle customer data, these rules apply to you.

Because many obligations flow from EU law, changes can occur as new rules take effect. Traders and website operators in Passage West should monitor guidance from Irish regulators to remain compliant and avoid fines, civil claims, or reputational damage.

Why You May Need a Lawyer

You may need a lawyer if you are launching a new online store or marketplace and want compliant terms and privacy notices, building a mobile app that processes personal data, implementing cookie banners and consent flows, designing returns and cancellation policies for consumers, expanding sales across EU borders and the UK and need VAT and geo-blocking guidance, integrating payment solutions that trigger strong customer authentication requirements, receiving takedown notices or IP infringement claims, moderating user reviews or listings and managing illegal or harmful content, experiencing a data breach or cybersecurity incident, negotiating platform terms or a reseller agreement, engaging influencers or affiliates and needing compliant advertising disclosures, or facing a complaint, investigation, or litigation by a customer, competitor, rights holder, or regulator.

A solicitor can assess your specific risk profile, draft tailored documents, train your team, respond to regulators, and help resolve disputes quickly. Early advice usually reduces total cost and prevents enforcement action.

Local Laws Overview

Consumer protection and distance selling: The Consumer Rights Act 2022 consolidates rules for goods, digital goods, and digital services, including pre-contract information, clear pricing, transparency about delivery costs and timeframes, a 14 day right to cancel most distance contracts, and detailed repair or replacement rights when products or digital content are faulty or misdescribed. The Act also sets rules on price reduction announcements and unfair commercial practices. The Competition and Consumer Protection Commission enforces these standards.

Electronic commerce and platform liability: The Electronic Commerce Act 2000 recognises electronic contracts and signatures in Ireland. The E-Commerce Regulations 2003 implement safe harbours for mere conduit, caching, and hosting providers. The EU Digital Services Act adds due diligence duties for online intermediaries, including notice and action mechanisms, illegal content handling, trader traceability for marketplaces, and transparency reporting. Very large platforms face extra obligations, but even small services must provide user reporting channels and act on notices.

Data protection and cookies: The General Data Protection Regulation and the Data Protection Act 2018 govern personal data. You need a lawful basis, transparency through a privacy notice, data minimisation, security measures, processor agreements, and breach notification to the Data Protection Commission within 72 hours where required. The ePrivacy Regulations 2011 cover cookies and direct marketing. Non-essential cookies generally require prior consent and a compliant cookie banner and policy. Email and SMS marketing typically require opt-in consent, with a narrow soft opt-in for existing customers.

Payments and authentication: PSD2 and the European Union Payment Services Regulations 2018 require strong customer authentication for most online card payments, overseen by the Central Bank of Ireland. Your checkout and payment partners should support SCA and 3DS2. You must display total prices, delivery charges, and any recurring billing terms clearly.

Product safety and online marketplaces: The EU General Product Safety Regulation applies to most consumer products and strengthens obligations for online marketplaces and sellers, including traceability and recall cooperation. Certain goods such as medicines, medical devices, and cosmetics are subject to sector rules and approvals.

Intellectual property and content moderation: Copyright and trade mark laws protect creative works and brands. Hosts benefit from safe harbours only if they act expeditiously after gaining knowledge of infringements. Clear notice and takedown processes and repeat infringer policies reduce risk.

Tax and VAT: The Office of the Revenue Commissioners administers VAT. The One Stop Shop simplifies VAT on cross border B2C sales within the EU. The Import One Stop Shop can be used for low value consignments imported into the EU. Sales to the UK require customs and VAT planning post Brexit, with different treatment for Great Britain and Northern Ireland. Always verify current VAT rates and thresholds.

Business information and company law: Traders must display certain company particulars on websites and invoices, such as the company name, registered number, registered office, and VAT number if registered, consistent with the Companies Act 2014 and related regulations. Terms should identify the trader and provide contact details and complaint handling processes.

Cybersecurity and incident response: Entities covered by network and information systems rules must meet specific security and reporting obligations. Even if you are not in scope, you should maintain technical and organisational measures appropriate to your risk profile, including encryption, access controls, logging, and vendor due diligence. Ransomware and phishing are common threats for small online merchants.

Local context in Passage West and County Cork: While compliance obligations are national and EU level, practical considerations include choosing Cork based hosting or fulfillment partners, coordinating with An Post or couriers that service Passage West, and using local enterprise supports such as the Local Enterprise Office in Cork for grants and mentoring. Disputes may be brought in the District Court or Circuit Court sitting in Cork, with the High Court based in Dublin.

Frequently Asked Questions

Do I need terms and conditions on my website or app?

Yes. Terms should explain who you are, what you sell, pricing, delivery, how contracts form online, cancellations and returns, warranties, limitations of liability within Irish law, governing law and jurisdiction, acceptable use, IP ownership, and complaint handling. Marketplace operators also need trader onboarding terms and content rules. Properly drafted terms reduce disputes and help compliance with the Consumer Rights Act 2022 and the Digital Services Act.

What must my privacy notice include?

Your privacy notice should state what data you collect, why you collect it, your lawful bases, who you share it with, transfer safeguards if data leaves the EEA, retention periods, user rights, how to exercise those rights, and your contact details including your data protection contact. It should be concise and accessible. If you rely on consent, explain how users can withdraw it. Keep it consistent with your actual data flows.

How should I handle cookies and tracking technologies?

Obtain prior consent for non essential cookies and similar technologies such as pixels. Provide a clear banner with reject and accept choices and granular controls. Do not preload analytics or advertising cookies before consent. Maintain a cookie policy listing each cookie, purpose, and lifespan. Record consent and offer an easy way to change it. Respect browser preferences where required.

What are my obligations when selling to consumers online?

Provide pre contract information, use clear pricing including delivery costs, confirm orders on a durable medium such as email, offer a 14 day cancellation right for most goods and services with exceptions such as custom made goods and sealed health products, refund within statutory timelines, and provide statutory remedies for defects. Make returns instructions easy to find and avoid unfair terms or misleading claims.

Can I email customers about promotions without consent?

In general you need consent for email and SMS marketing. There is a limited soft opt in for your own similar products or services where you obtained the contact details in the context of a sale, provided you gave an opt out at collection and in each message. Never send unsolicited marketing to individuals without satisfying these conditions. Keep suppression lists to respect opt outs.

Are electronic signatures valid in Ireland?

Yes. The Electronic Commerce Act 2000 and the EU eIDAS Regulation recognise electronic signatures. The level of signature required depends on risk and sector rules. For most ecommerce contracts, a clickwrap or typed name is sufficient. For higher risk transactions, consider advanced or qualified electronic signatures.

What if a customer posts defamatory or infringing content on my site?

Have clear reporting tools and act promptly on notices. The E-Commerce Regulations safe harbours and the Digital Services Act encourage timely removal or disabling access to illegal content upon obtaining knowledge. Maintain a repeat infringer policy, document your actions, and avoid general monitoring obligations. When in doubt, seek legal advice before removal if rights are contested.

Do I need to verify third party sellers on my marketplace?

Yes. The Digital Services Act requires marketplaces to collect and verify essential trader information before allowing listings and to perform random checks. You should obtain names, addresses, contact details, company and VAT numbers where applicable, and keep them up to date. Provide clear information to consumers about who the trader is and ensure effective notice and action procedures.

How does VAT work for cross border online sales?

For B2C sales within the EU you may use the One Stop Shop to report VAT in other member states. For imports into the EU up to a low value threshold you may use the Import One Stop Shop. Sales to Great Britain involve customs declarations and destination VAT rules. Northern Ireland has special treatment for goods. Confirm current rates and thresholds with Revenue or your tax adviser.

What should I do if I suffer a data breach?

Activate your incident response plan, contain the breach, assess risk to individuals, and determine whether notification to the Data Protection Commission within 72 hours is required and whether to notify affected individuals without undue delay. Record all facts and decisions. Review contracts with processors, preserve logs, and implement remedial measures. Consider legal privilege for forensic investigations.

Additional Resources

Data Protection Commission of Ireland for GDPR and cookies guidance and breach notification procedures.

Competition and Consumer Protection Commission for consumer rights, pricing rules, product safety, and disputes.

Office of the Revenue Commissioners for VAT registration, OSS and IOSS schemes, and customs information.

Companies Registration Office for company filings and statutory disclosure requirements.

Central Bank of Ireland for payment services and strong customer authentication guidance.

National Cyber Security Centre for cybersecurity alerts and best practices.

Coimisiún na Meán for online safety and media regulation updates that may affect platforms and video sharing services.

European Consumer Centre Ireland for cross border consumer dispute assistance within the EU.

Local Enterprise Office Cork City and Cork South for mentoring, vouchers, and training relevant to online trading.

Advertising Standards Authority for Ireland for influencer marketing and online advertising standards.

Next Steps

Map your online operations. List the products or services you sell, the countries you sell into, the data you collect, the technologies you use, and the third parties you rely on. This inventory will guide what laws apply to you.

Gap check your documents and practices. Review or create terms and conditions, privacy notice, cookie banner and policy, returns policy, internal data handling procedures, security controls, takedown process, and customer service scripts. Ensure website and app screens match the legal documents.

Engage a solicitor experienced in ecommerce and data protection. A Passage West or County Cork based firm can offer local access while advising on national and EU rules. Ask for a fixed fee compliance package covering consumer contracts, privacy, cookies, and marketing.

Coordinate with your accountant on VAT and invoicing. Set up OSS or IOSS if appropriate and confirm pricing displays and invoice content comply with Irish and EU requirements.

Train your team. Provide short training for customer support, marketing, and developers on consumer rights, advertising standards, data protection, security, and incident reporting.

Monitor regulatory updates. EU and Irish rules evolve, including platform obligations and cybersecurity requirements. Assign responsibility to track guidance from the DPC, CCPC, and other regulators.

If you face a dispute or investigation, act quickly. Preserve records, pause any automated deletions, and seek legal advice before responding. Early engagement can limit exposure and protect your position.

This guide is for general information only and is not legal advice. If you need advice tailored to your situation in Passage West, consult a qualified Irish solicitor.