IRELAND
Since March 2010
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
The European Union and Ireland have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal
IRELAND
Since June 2016
Since June 2018
Since June 2018
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets)
S.I. No. 188 of 2018 – European Union (Protection of Trade Secrets) Regulations 2018
S.I. No. 188 of 2018 – European Union (Protection of Trade Secrets) Regulations 2018
The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets. Ireland transposed the Directive through the European Union (Protection of Trade Secrets) Regulations 2018.
Coverage Horizontal
IRELAND
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.98%
Coverage rate of zero-tariffs on ICT goods (%)
79.11%
Coverage: ICT goods
IRELAND
Reported in 2023, last reported in 2024
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Ban on TikTok
In April 2023, Ireland's National Cyber Security Centre (NCSC) advised all government departments and agencies to remove TikTok from official devices, citing cybersecurity and data protection concerns. The directive followed a risk assessment that considered the experiences of other jurisdictions, including the European Commission, the UK, and the Netherlands. The NCSC highlighted the app's extensive data collection practices and the potential for data access under Chinese law, given TikTok's ownership by Beijing-based ByteDance. While the ban applies to official devices, exceptions may be made in cases where there is a clear business need. The move aligns Ireland with a growing number of Western governments restricting the use of TikTok on government-issued devices due to national security concerns.
Coverage TikTok
Sources
- https://www.irishtimes.com/ireland/2023/04/21/government-employees-told-to-remove-tiktok-from-work-devices/
- https://www.breakingnews.ie/ireland/tiktok-should-be-removed-from-government-devices-says-national-cyber-security-centre-1465912.html#:~:text=Taoiseach%20says%20Tik%20Tok%20will%20be%20banned%20on%20a...
- https://time.com/6971009/tiktok-banned-restrictions-worldwide-countries-united-states-law/
- https://www.context.news/big-tech/us-tiktok-ban-which-other-countries-have-banned-the-app
- Show more...
IRELAND
Since March 2004, last amended in February 2014
Since June 2016
Since June 2016
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)
S.I. No. 286/2016 - European Union (Award of Contracts by Utility Undertakings) Regulations 2016
S.I. No. 286/2016 - European Union (Award of Contracts by Utility Undertakings) Regulations 2016
Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
In 2016, the Directive has been transposed with the Law S.I. No. 286/2016 - European Union (Award of Contracts by Utility Undertakings) Regulations 2016.
In 2016, the Directive has been transposed with the Law S.I. No. 286/2016 - European Union (Award of Contracts by Utility Undertakings) Regulations 2016.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment
Sources
- https://web.archive.org/web/20220303180640/https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014L0025&from=EN#d1e7298-243-1
- https://web.archive.org/web/20220119012727/https://www.irishstatutebook.ie/eli/2016/si/286/made/en/print
- https://web.archive.org/web/20240301001209/https://www.lexology.com/library/detail.aspx?g=276feaf8-c91b-4b7d-8310-dad8134f3c4c
- https://web.archive.org/web/20220121131638/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52019XC0813(01)&from=EN
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IRELAND
Since December 2014
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Companies Act 2014
Irish law allows foreign companies to operate in the country after registration under the Companies Act 2014. Any foreign incorporated company establishing a branch in Ireland is required to file certain documents with the Companies Registration Office (CRO). It is reported that any foreign company with a branch in Ireland has the same standing under Irish law for contract purposes as a domestic company incorporated in Ireland. In addition, it is reported that there are currently no general restrictions governing FDI in Ireland, no limits on the percentage of foreign ownership permitted, no requirement that Irish nationals must hold shares in Irish companies, and no restrictions on the purchase of land for industrial purposes by foreigners.
Coverage Horizontal
Sources
IRELAND
Since December 2014
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Nationality/residency requirement for directors or managers
Companies Act 2014
Section 137 of the Companies Act 2014 states that every Irish company must have at least one director who is resident in the European Economic Area (EEA) unless either:
- The company has filed a non-resident bond to the value of EUR 25,000 with the Companies Registration Office;
- The company holds a certificate from the Companies Registration Office confirming that the company has a real and continuous link with one or more economic activities in Ireland.
- The company has filed a non-resident bond to the value of EUR 25,000 with the Companies Registration Office;
- The company holds a certificate from the Companies Registration Office confirming that the company has a real and continuous link with one or more economic activities in Ireland.
Coverage Horizontal
IRAQ
N/A
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Iraq does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal
IRAQ
N/A
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Iraq lacks a comprehensive consumer protection framework applicable to online transactions. Reports indicate that none of the provisions contained in the existing consumer protection law address e‑commerce or regulate consumer transactions conducted through digital platforms.
Coverage Horizontal
IRAQ
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Iraq has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
IRAQ
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Iraq has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
IRAQ
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Iraq has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
IRAQ
Since April 2023
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Supplier Declaration of Conformity allowed for foreign businesses
It is reported that, in April 2023, the National Communications and Media Commission (CMC) of Iraq introduced new regulatory requirements for the approval of telecommunications and information technology equipment. All such equipment must comply with the relevant standards of the European Telecommunications Standards Institute (ETSI) and the Institute of Electrical and Electronics Engineers (IEEE), as well as Iraq’s national standards. The CMC requires applicants to submit an electronic application accompanied by comprehensive test reports demonstrating conformity with safety, electromagnetic compatibility (EMC), electromagnetic interference (EMI), and radio frequency (RF) requirements. In addition, a declaration of conformity (DoC) is also required. The CMC reserves the right to request a sample device for testing to ensure compliance. The relevant regulations could not be found online.
Coverage Telecommunications and information technology equipment
IRAQ
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Iraq has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
