Database

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IRELAND

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Ireland 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

IRELAND

Since April 2016, entry into force in May 2018
Since May 2018

Pillar Domestic data policies  |  Sub-pillar Framework for data protection
General Data Protection Regulation (Regulation 2016/679)

Data Protection Act 2018
The European Union General Data Protection Regulation (GDPR) provides a comprehensive framework for data protection that applies to all EU Member States. Ireland implemented the GDPR in 2018 through the Data Protection Act.
Coverage Horizontal

IRELAND

Since May 2006
In April 2014
Since January 2011

Pillar Domestic data policies  |  Sub-pillar Minimum period for data retention
Data Retention Directive 2006/24/EC

Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others

Communications (Retention of Data) Act 2011
Under the EU Directive on Data Retention, operators were required to retain certain categories of traffic and location data (excluding the content of those communications) for a period between six months and two years and to make them available, on request, to law enforcement authorities for the purposes of investigating, detecting and prosecuting serious crime and terrorism. On 8 April 2014, the Court of Justice of the European Union declared the Directive invalid. However, not all national laws that implemented the Directive have been overturned.
Despite the ruling by the Court of Justice of the European Union (CJEU), Ireland retains its data retention laws under the Communications (Retention of Data) Act 2011. This act details cases where personal data must be stored for a minimum of between 12 to 35 months, depending on the category (Section 3), to be made accessible to government authorities when requested (Section 6). The Act covers both telephony and mobile telephony data as well as Internet access, Internet e-mail and Internet telephony data.
Coverage Telecommunications sector and Internet Service Providers

IRELAND

Since January 2011

Pillar Domestic data policies  |  Sub-pillar Requirement to allow the government to access personal data collected
Communications (Retention of Data) Act 2011
Section 6 of the Communications (Retention of Data) Act 2011 allows members of the Garda Síochána not below the rank of chief superintendent, officers of the Permanent Defence Force not below the rank of colonel, and officers of the Revenue Commissioners not below the rank of principal officer to request the disclosure of data without a warrant in certain circumstances.
Coverage Telecommunication and Internet Service Providers

IRELAND

Since July 2000
Since 2003

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)

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.
Coverage Internet intermediaries

IRELAND

Since July 2000
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
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.
Coverage Internet intermediaries

IRELAND

Since April 2019
Since November 2021

Pillar Intermediary liability  |  Sub-pillar Monitoring requirement
Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC

European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021 (S.I. No. 567 of 2021)
Art. 17 of Directive 2019/790 on Copyright in the Digital Single Market (DSM Directive) mandates that providers of content-sharing services seek authorisation from rights holders and implement technical solutions to remove and prevent unauthorised uploads by their users (so-called upload filters), under penalty of losing their liability safe harbour. Further arrangements are envisaged for complaints and dispute resolution mechanisms. Such upload filters are reported to be a significant cost for online platforms. Graduated exemptions are expected to be put in place for new providers active in the EU for less than three years with a turnover under EUR 10 million and with fewer than five million users. The provision is subject to a challenge in the Court of Justice by Poland (C-401/19).
To implement Directive 2019/790, the Minister for Enterprise, Trade and Employment has signed the European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021, therefore making online content-sharing service providers partially liable for copyright violations on their platforms.
Coverage Online content sharing service

IRELAND

Since March 2010, entry into force in May 2010, last amended in 2018
Since July 2009, as amended in March 2023

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)

Broadcasting Act 2009
The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. Art. 13.1 provides for Member States to secure a minimum 30% share of European works in the catalogues as well as "ensuring prominence" of those works. "Prominence" involves promoting European works by facilitating access to such works using any appropriate means to ensure their prominence. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.
In Ireland, the EU Directive was transposed into domestic law through the amendment of the Broadcasting Act of March 2023 (Online Safety and Media Regulation Act 2022). According to Section 159B of the Act, a media service provider under the jurisdiction of the State must not offer an audiovisual on-demand media service if the share of European works in its catalogue is less than 30%. Ireland has not implemented financial contribution obligations to VOD service providers.
Coverage On-demand audiovisual service

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

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.
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

IRELAND

Since May 2001
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
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.
Coverage Horizontal

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

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
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

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