IRELAND
Since 2007
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Communications Regulation (Amendment) Act 2007
The Communications Regulation (Amendment) Act 2007 empowers the Commission for Communications Regulation to set rules on application procedures for domain names. Currently, these rules require individuals and companies to prove a valid "connection to Ireland" to register an official ".ie" domain. This connection can be proved with a RBN/CRO number, VAT number, tax clearance certificate from Ireland's Revenue Commissioners, Irish passport, Irish/UK drivers licence showing address in the island of Ireland, Irish/Northern Irish bank statement showing an address in the island of Ireland, College ID or Public Services Card. Evidence that the company will be relocating to Ireland in the near future is also accepted.
Coverage Horizontal
IRELAND
Since March 2010, entry into force in May 2010, last amended in 2018
Since June 2019
Since June 2019
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)
Broadcasting (Amendment) Bill 2019
Broadcasting (Amendment) Bill 2019
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. Article 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 through facilitating access to such works using any appropriate means to ensure prominence of European works. 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.
It is reported that the directive has been transposed, with the publication of the Broadcasting (Amendment) Bill 2019.
It is reported that the directive has been transposed, with the publication of the Broadcasting (Amendment) Bill 2019.
Coverage On-demand audiovisual service
Sources
- https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010L0013&from=EN
- https://eur-lex.europa.eu/eli/dir/2018/1808/oj
- https://erga-online.eu/wp-content/uploads/2021/12/ERGA-SG1-2021-Report-Article-13_1.pdf
- https://www.obs.coe.int/en/web/observatoire/home/-/asset_publisher/9iKCxBYgiO6S/content/which-eu-countries-have-transposed-the-avmsd-into-national-legislation-
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IRELAND
Since July 2000
Since 2003
Since 2003
Pillar Intermediary liability |
Sub-pillar Safe harbor 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 harbor. 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.
The 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.
The 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 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
Since 2003
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for 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 harbor. 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.
The 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.
The 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 2006
In 2014
Since 2011
In 2014
Since 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
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 which implemented the Directive have been overturned.
Despite the ruling by the Court of Justice of the European Union (CJEU), Ireland retains its own 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.
Despite the ruling by the Court of Justice of the European Union (CJEU), Ireland retains its own 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
Sources
- http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:105:0054:0063:EN:PDF
- http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/police-cooperation/data-retention/index_en.htm
- http://www.euractiv.com/sections/infosociety/german-government-repackages-data-retention-regulations-313821
- http://curia.europa.eu/jcms/upload/docs/application/pdf/2014-04/cp140054en.pdf
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IRELAND
Since December 2002
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of independent telecom authority
Presence of independent telecom authority
It is reported that the Commission for Communications Regulation (ComReg), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
IRELAND
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Ireland does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, accounting separation is required by law
Coverage Telecommunications sector
IRELAND
Since May 2014
Pillar Telecom infrastructure and competition |
Sub-pillar Passive infrastructure sharing obligation
Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks
It is reported that passive sharing of telecom infrastructure is not mandated, but is practiced in both the mobile (based on commercial agreements) and fixed sectors.
Directive 2014/61/EU (Art. 3[2]) establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator has the obligation to meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
Directive 2014/61/EU (Art. 3[2]) establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator has the obligation to meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
Coverage Telecommunications sector
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
Since March 2010
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Ireland has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
IRELAND
Since March 2010
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
WIPO Copyright Treaty
Ireland has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
IRELAND
Reported in 2018
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
The rate of unlicensed software installation in the country was reportedly 29% in 2017 (above the 26% rate of Western European countries), for an estimated commercial value of unlicensed software of USD 79 million.
Coverage Horizontal
IRELAND
Since August 1992
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Ireland is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
IRELAND
Since May 2001
Since 2000
Since 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. Section 50 of the Copyright and Related Rights Act contains the list of exceptions.
Coverage Horizontal