Best Media, Technology and Telecoms Lawyers in Passage West

About Media, Technology and Telecoms Law in Passage West, Ireland

Media, technology and telecoms law in Passage West operates within the wider Irish legal system and the European Union framework, with a few local elements that matter on the ground. Most rules that affect broadcasters, online platforms, software providers, creative professionals and telecoms operators are set at national or EU level. Local factors in Passage West typically involve planning permissions for masts and street works, wayleave access for fibre routes, filming and drone activity near Cork Harbour, and coordination with Cork County Council and the Port of Cork for works that touch public roads or the foreshore. If you run a local business with a website or app, create or publish content, provide connectivity, or deploy tech in the public realm, you are subject to Irish and EU rules on privacy, consumer rights, content standards, spectrum use and more.

Why You May Need a Lawyer

You may need a lawyer if you are launching a website or app and want compliant terms of use, privacy notices, cookies controls and age checks where minors may use the service. If you publish or moderate user content on social platforms or community pages, you can face defamation and takedown requests. Creative projects often raise copyright, licensing, performer release and music clearance issues. Influencers and content creators benefit from contract reviews, advertising disclosure advice and brand deal negotiations.

Businesses that buy or sell technology need solid SaaS, software licensing, reseller, outsourcing and service level agreements, together with advice on data processing and international transfers. If you suffer a data breach, you must follow strict timelines for notification to the Data Protection Commission and sometimes to affected users. Employers handling staff data, BYOD and monitoring need policies that align with Irish employment and data protection law.

Telecoms and infrastructure work can involve wayleaves, road opening licences, planning permissions for masts or small cells, radio licensing and compliance with ComReg decisions. Coastal or riverside works, such as ducts or cables that cross below the high-water mark, may require a foreshore consent. Companies operating online platforms must consider the EU Digital Services Act and, for media services, rules under the Online Safety and Media Regulation regime. Firms using or providing AI tools should plan for phased obligations under the EU AI Act. In a dispute with a broadband or mobile provider, or with a vendor or customer, legal support can help you use complaint escalation routes, ADR and court processes effectively.

Local Laws Overview

Regulators and authorities. ComReg regulates electronic communications, numbering, spectrum and consumer complaints escalation for telecoms. Coimisiun na Mean regulates broadcasting, audiovisual media and online safety, including video-on-demand and video-sharing platform services. The Data Protection Commission enforces GDPR and the Data Protection Act 2018. The Competition and Consumer Protection Commission covers consumer protection and unfair commercial practices. Cork County Council handles local planning permissions and road opening licences. The Port of Cork and the Department of Housing, Local Government and Heritage deal with harbour and foreshore matters.

Data protection and e-privacy. GDPR and the Data Protection Act 2018 apply to personal data processing. The ePrivacy Regulations govern cookies, direct marketing by email and SMS and traffic data. Consent for non-essential cookies should be freely given and specific. Marketing to individuals generally requires prior consent, with limited soft opt-in for existing customers. International transfers must have safeguards such as adequacy decisions or standard contractual clauses.

Online platforms and content. The EU Digital Services Act imposes notice-and-action processes for illegal content, transparency duties and additional obligations for platforms and very large platforms. The Online Safety and Media Regulation Act 2022 established Coimisiun na Mean and introduced online safety codes for certain services, alongside updated rules for broadcasters and on-demand media services.

Copyright, media and advertising. The Copyright and Related Rights Act 2000, as amended, and EU rules including the Digital Single Market measures govern ownership, exceptions, and platform liability. Clearance is needed for music, images, clips and fonts. Defamation is governed by the Defamation Act 2009. Advertising to consumers must comply with consumer protection law and industry codes, including clear disclosure of sponsored content and influencer promotions.

Telecoms and connectivity. The European Electronic Communications Code is implemented in Irish law. ComReg oversees general authorisations, access and interconnection, number portability, universal service and net neutrality under the EU Open Internet Regulation. Wireless apparatus and spectrum use require licensing under the Wireless Telegraphy Acts. Consumer complaints follow a providers code of practice before they can be escalated to ComReg.

Cybersecurity and crime. The Security of Network and Information Systems regime applies to certain operators and providers, with updated NIS2 obligations being phased in. Computer misuse offences are set out in the Criminal Justice Offences Relating to Information Systems Act 2017. Sectoral guidance may apply for managed service providers and telecoms networks.

Consumer and contract law. The Consumer Rights Act 2022 introduced stronger rights for digital content and services, remedies for faulty goods and unfair terms rules. The E-Commerce Regulations govern information duties and liability of intermediaries. E-signatures are valid under the eIDAS Regulation and Irish law.

Local planning and permits. In Passage West, planning permission for new masts, larger antennae or cabinets is typically handled by Cork County Council under the Planning and Development Acts and Regulations. Small cell deployments, streetside works and micro-trenching usually require a road opening licence and traffic management plans. Works below the high-water mark of Cork Harbour can trigger a foreshore licence. Filming on public land may require location permissions, and drone operations are subject to EU drone rules enforced by the Irish Aviation Authority, with additional care near ports, people and sensitive sites.

Frequently Asked Questions

Do I need permission to put up a telecom mast or small cell in Passage West

Most new masts and significant antenna structures require planning permission from Cork County Council. Certain minor upgrades can be exempt if they meet strict size and siting limits. Small cell units on existing street furniture may rely on utility rights and a road opening licence, but planning rules, safety clearances and aesthetic guidelines still apply. Early engagement with the planning authority and ComReg spectrum and licensing requirements is advisable.

What must my business website include to be compliant

You should display clear terms of use, a privacy notice that explains your GDPR legal bases and rights, a cookies banner and granular consent controls for non-essential cookies, and contact details including a geographic address. If you sell online, include pre-contract information, a 14-day right to cancel for most consumer distance sales, pricing with all taxes and delivery charges, and a complaints process. Accessibility and age appropriate design should be considered if children may use the service.

How are cookies and analytics regulated in Ireland

Non-essential cookies such as analytics and advertising require a users prior consent. Consent must be freely given, specific, informed and indicated by a positive action. Pre-ticked boxes and implied consent are not valid. Essential cookies that are strictly necessary to deliver a service requested by the user do not require consent, but they should still be described in your cookies notice.

What if users post defamatory content on my page or forum

Ireland has notice-and-action principles under the E-Commerce Regulations and now the Digital Services Act. If you host user content and you are promptly notified of allegedly illegal material, you should act expeditiously and fairly by assessing the claim, removing or disabling access if appropriate, and documenting the process. Having clear community rules and a reporting channel helps reduce risk. For tricky cases, seek legal advice before removing or retaining content.

How do I handle a data breach

If you suffer a personal data breach, assess risk quickly. If there is likely risk to individuals rights, notify the Data Protection Commission without undue delay and, where feasible, within 72 hours of becoming aware. If the risk is high, inform affected individuals without undue delay. Record the facts, effects and remedial actions. Review contracts with processors, preserve logs and consider whether you must notify other regulators or law enforcement.

Can I film with a drone around Passage West and Cork Harbour

Drone operations are covered by EU rules and enforced by the Irish Aviation Authority. Most operators must register, complete competency training and observe category limits. Keep required distances from people and property, avoid restricted zones and be careful near ports, vessels and critical infrastructure. Commercial shoots on public land may also require permissions from Cork County Council or the Port of Cork, and drone footage must respect privacy and data protection rules.

How do I escalate a complaint against my broadband or mobile provider

Follow your providers code of practice first and allow them a reasonable time to resolve the issue. If the complaint remains unresolved or if you receive a deadlock letter, you can bring the matter to ComReg for independent escalation. Keep records of bills, speed tests, correspondence and call logs to support your case.

Do I need licences to show TV or play music in a pub or venue

Premises with a television receiver usually require a TV licence. Public performance of music and certain audiovisual content often requires licences from rights management organisations in addition to any subscription service you pay for. Check your specific use case because background music, live performances and rebroadcast content can involve different rights and tariffs.

We plan to install fibre along a private road. What is a wayleave

A wayleave is a landowners consent allowing utilities to install and maintain apparatus on or under private land. For fibre or ducts on private property, you will typically need a written wayleave agreement that sets out access rights, installation standards, restoration obligations and compensation if applicable. On public roads, you will need a road opening licence and to comply with local reinstatement and traffic management requirements.

Does the new EU AI Act affect small businesses in Passage West

The EU AI Act applies across Ireland with phased timelines. Some transparency duties for AI-generated content and restrictions on certain practices apply earlier, while high-risk system obligations arrive later. If you develop or use AI, map your use cases, determine risk categories, put basic governance in place and monitor guidance from Irish regulators. Contracts with vendors should address training data, IP, confidentiality and compliance responsibilities.

Additional Resources

ComReg for telecoms regulation, consumer complaint escalation, spectrum and numbering.

Coimisiun na Mean for broadcasting, on-demand media services and online safety codes.

Data Protection Commission for GDPR guidance and breach notifications.

Competition and Consumer Protection Commission for consumer rights and unfair practices.

Intellectual Property Office of Ireland for patents, trademarks and designs.

Cork County Council Planning Department for planning permissions and road opening licences.

Port of Cork Company for harbour area works and permits.

Department of Housing, Local Government and Heritage Foreshore Unit for foreshore consents.

Irish Aviation Authority for drone registration, licensing and operating rules.

Local Enterprise Office South Cork for startup supports and mentoring.

Next Steps

Define your goals and risks. List your products, services and channels, the personal data you collect, any user generated content you host, and the infrastructure you operate or plan to deploy in Passage West. Identify where you interact with consumers, minors or vulnerable users.

Gather your documents. Collect contracts, supplier terms, privacy notices, cookie audit results, DPIAs, incident reports, service level metrics, network diagrams, site plans and any local permits or applications already in progress. Good documentation speeds legal review.

Prioritise compliance actions. Fix high risk items first such as missing cookies consent, unclear cancellation rights, weak data processing clauses, unlicensed spectrum or unpermitted works. Prepare a realistic timeline that aligns with regulator expectations.

Engage a solicitor with media, technology and telecoms experience. Ask about sector knowledge, response times, pricing and whether a staged scope or fixed fee is possible. For infrastructure projects near the harbour, confirm experience with planning, road opening licences and foreshore consents.

Plan dispute strategies early. For service quality or billing issues, use your providers code of practice and escalate to ComReg if needed. For content disputes, prepare a clear notice-and-action workflow. For data breaches, maintain an incident playbook and contact points.

Monitor legal changes. Track updates on the Digital Services Act, Online Safety codes, NIS2 implementation and the EU AI Act. Assign internal responsibility for ongoing compliance and schedule periodic reviews.

If you need immediate help, schedule an initial consultation, share a short overview of your operations and key questions, and be ready to provide supporting documents so a lawyer can give targeted, practical advice.