Ireland. ePrivacy / marketing. Act
ePrivacy Regulations 2011European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 (S.I. No. 336 of 2011)
In force
Partly verified
Medium confidence. No verification notes recorded.§1Summary
- Synopsis
S.I. 336/2011 implements the ePrivacy Directive in Ireland, requiring consent for non-essential cookies and regulating marketing by phone, text and e-mail.
- Key themes
- Unique features
Breaches of marketing rules are criminal offences prosecuted by the DPC in the District Court, with per-message fines.
- SaaS relevance
Any SaaS website, app or product that sets non-essential cookies/SDKs or sends marketing emails/SMS to users in this country needs prior consent (subject to exemptions) under this law, regardless of where the provider is based.
§2Obligations
- Extraterritorial
- Yes
- Breach notification
- Telecom providers: authority notification under Reg 611/2013; otherwise GDPR
- DPO
- No
- Cross-border transfers
- None
- Maximum penalty
- Summary: up to €5,000 per offence; on indictment up to €250,000 (bodies corporate); GDPR fines
§3Dates
- Key dates
- Adopted
- In force
- Reg 5(3) cookies; Reg 13 unsolicited marketing
§4Text and authority
- Text
- Authoritative text irishstatutebook.ie
- Authority
- Data Protection Commission (DPC); ComReg for some telecom aspects
§5Where it applies
- Domestic law of
- Ireland
§6Sources and verification
- Sources consulted
- Verification
Medium confidence.
Partly verified
Medium confidence. No verification notes recorded.