IRELAND
Since July 2000
Since 2003
Since 2003
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Statutory Instrument No. 68
Statutory Instrument No. 68
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
Statutory Instrument No.68 implements Directive 2000/31/EC (E-Commerce Directive), establishing a conditional safe harbour for Internet Service Providers (ISPs) in Ireland. The conditions prohibit any infringements of third-party rights, including rights relating to copyright or intellectual property, rights to which the law of defamation and malicious falsehood relate and rights under contract (Art. 15). The safe harbour is further delimited to certain activities - conduit, batching and hosting (Arts. 16–18) - carried out by internet intermediaries, rather than categories of service providers.
Statutory Instrument No.68 implements Directive 2000/31/EC (E-Commerce Directive), establishing a conditional safe harbour for Internet Service Providers (ISPs) in Ireland. The conditions prohibit any infringements of third-party rights, including rights relating to copyright or intellectual property, rights to which the law of defamation and malicious falsehood relate and rights under contract (Art. 15). The safe harbour is further delimited to certain activities - conduit, batching and hosting (Arts. 16–18) - carried out by internet intermediaries, rather than categories of service providers.
Coverage Internet intermediaries
IRELAND
Since May 2001
Since July 2000
Since July 2000
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Directive 2001/29/EC
Copyright and Related Rights Act, 2000
Copyright and Related Rights Act, 2000
Directive 2001/29/EC defines an optional but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. The Directive has been transposed by Member States with significant freedom.
Ireland has a clear regime of copyright exceptions that follows the fair dealing model, allowing others to make lawful use of copyrighted works without obtaining permission. The Copyright and Related Rights Act of 2000 specifies that no copyright infringement occurs in several instances, including fair dealing for research or private study, as well as fair dealing for criticism, review, or news reporting.
Ireland has a clear regime of copyright exceptions that follows the fair dealing model, allowing others to make lawful use of copyrighted works without obtaining permission. The Copyright and Related Rights Act of 2000 specifies that no copyright infringement occurs in several instances, including fair dealing for research or private study, as well as fair dealing for criticism, review, or news reporting.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231225202237/https://digital-strategy.ec.europa.eu/en/policies/copyright-legislation
- https://web.archive.org/web/20240717154447/https://www.irishstatutebook.ie/eli/2000/act/28/enacted/en/html
- https://web.archive.org/web/20230516154419/https://infojustice.org/wp-content/uploads/2023/04/Band-and-Gerafi-April-2023.pdf
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IRELAND
Since March 2010
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
The European Union and Ireland have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal
IRELAND
Since March 2010
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram 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) |
Sub-pillar 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 Information and Communication Technology (ICT) goods |
Sub-pillar 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: Digital goods
IRELAND
Since March 2004, last amended in February 2014
Since June 2016
Since June 2016
Pillar Public procurement of ICT goods and online services |
Sub-pillar 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 |
Sub-pillar 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 |
Sub-pillar 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
IRELAND
Since August 1992
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Ireland is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
HUNGARY
Since April 2022
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Domain Registration Policy (Domainregisztrációs Szabályzat)
According to Section 1 of the Domain Registration Policy, only natural persons and entities with residency in the EU or the European Economic Area (EEA) can apply for a ".hu" domain.
Coverage Horizontal
HUNGARY
Since December 2001
Pillar Online sales and transactions |
Sub-pillar Local presence requirements for digital services providers
Act CVIII of 2001 on Electronic Commerce and on Information Society Services (Törvény az Elektronikus Kereskedelmi Szolgáltatások, Valamint az Információs Társadalommal Összefüggő Szolgáltatások Egyes Kérdéseiről)
Under Section 15/C of the Act CVII of 2001 on Electronic Commerce, video-sharing platform services are subject to a notification requirement. It is reported that, in the authorities' current practice, this notification has to include an official registration number, which is only available to companies with a local presence in Hungary. According to industry reports, this bureaucratic hurdle concerns other digital services and e-commerce as well.
Coverage Video sharing platforms
HUNGARY
Since June 2014
Since December 1997, as amended in September 2019
Since December 1997, as amended in September 2019
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Act CLV of 1997 on Consumer Protection (1997. évi CLV. Törvény a fogyasztóvédelemről)
Act CLV of 1997 on Consumer Protection (1997. évi CLV. Törvény a fogyasztóvédelemről)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Act CLV of 1997 on Consumer Protection (as amended in September 2019).
Coverage Horizontal
Sources
- https://web.archive.org/web/20210301192043/https://e-justice.europa.eu/content_consumer_rights_directive_201183-639-en.do
- https://web.archive.org/web/20240403021748/https://njt.hu/jogszabaly/en/1997-155-00-00
- https://web.archive.org/web/20240727042206/https://net.jogtar.hu/jogszabaly?docid=99700155.tv
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HUNGARY
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the United Nations (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
Hungary has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal