+353 (0) 1 859 0100
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Expertise

Internet Law & Regulation

OUR FIRM has over 15 years’ experience in advising clients on all the legal aspects of doing business on the internet, including on the distribution, licensing and sale of all types of products and services, e-banking products, e-booking services, electronic money, electronic products, ebooks, insurance products, mobile apps, loans, medicinal products, payment services, passenger reservation services and travel services. We have also provided the legal documents for online auctions, online price comparison, online shops and advised extensively on legal aspects of social networking sites.

We have advised on internet specific compliance issue for companies including consumer rights, data protection, on identity verification issues, on binding parties to an online contract, on qualified electronic signatures (where required), internet security issues, intellectual property right protection, privacy policies, advertising and comparative advertising online, conflict of laws issues and how to deal them.

Our firm has also advised technology and internet companies on the taking of investment, corporate structures, the purchase and sale of technology companies and the structuring of product offerings, particularly those geared to the financial services and insurance sectors.

More particularly we have extensive experience in drafting:

  • Agreements for the purchase, sale and maintenance of communications products
  • Channel Partner agreements
  • Cookies – how the law regulates them and drafting Cookies Policies
  • Content regulation on the internet in the context of Directive 2000/31 (the eCommerce Directive)
  • Content Provider agreements and drafting of same
  • Consumer Protection under Directive 2011/83/EU (the Consumer Rights Directive)
  • Data Protection compliance in the context of General Data Protection Regulation (EU) 2016/679
  • Cyber Security Services in the context of the the Cybersecurity Directive ((EU) 2016/1148) (also known as the Network and Information Security Directive) and the Cyber Security Implementing Regulation (EU) 2018/151
  • Development Agreements for eCommerce platforms for financial services in the context of Directive 2000/31 (the Electronic Commerce Directive), and in the context of the upcoming EU Crowdfunding Regulation and the MiFID II amendment•Electronic money services and their structuring
  • Electronic Identification Services in the context of eIDAS Regulation (EU) 910/2014 on electronic identification and trust services for electronic transactions in the internal market
  • Facility management agreements and disaster recovery agreements
  • Identity theft on the internet
  • Intellectual Property rights in an internet environment, and how to protect them and the application of Directive 2004/48/EC (OJ L 157, 30.4.2004) (the IP Enforcement Directive)
  • Interception and monitoring of communications, impact on communications providers
  • Interlinking agreements for web platforms/websites
  • Internet auctions, structuring terms and conditions for the sale of products by auction over the internet
  • Internet advertising and marketing agreements, their structuring, including online marketing, internet advertising or e-marketing
  • Internet shopping offerings, their structuring
  • Internet email policies for companies, their structuring
  • Internet franchise agreements, competition law compliance
  • Licensing, sound and television, codes and rules, advice on
  • Network security requirements, to whom do they apply and proposals for change.
  • Numbers, connection with communications and internet services, rights to access and use, portability, withdrawal, sub-allocation issues
  • Outsourcing, structuring sector specific outsourcing agreements
  • Online defamation claims and acting for plaintiffs and defendants
  • Platform Regulation in the context of the new Platform Regulation (SEC(2018) 209 final} - {SWD(2018) 138 and 139 final) and in the context of the Cybersecurity Directive (EU) 2016/1148) and the Cyber Security Implementing Regulation (EU) 2018/151
  • Price Comparison sites, legal advice on their structuring privacy statements for websites, their structuring
  • Premium rate services regulation
  • Privacy policies/statements their drafting and bringing to notice of users
  • SaaS, PaaS agreements and ASP agreements, how they differ and structuring each of them
  • Significant market power in communications, what it means, and how it will apply in the context of Next Generation Networks
  • Structuring an online marketplace offering in a specific sector, and structuring social networking terms and conditions
  • Structuring social media platforms
  • Service Marks application in the context of Directive (EU) 2015/2436 and EU Trade Mark Regulation 2017/1001
  • Website terms and conditions
  • Website legal audits
  • Website user agreements
  • Website hosting agreements in the context of the General Data Protection Regulation (EU) 2016/679
  • WEEE Regulations compliance for internet retailers under the Waste Management (Waste Electrical and Electronic Equipment) regulations
  • Website development agreements, search engine optimisation agreements and data hosting agreements, their drafting and structuring in the context of theGeneral Data Protection Regulation (EU) 2016/679

The eIDAS Regulation is Regulation (EU) 910/2014 on electronic identification and trust services for electronic transactions in the internal market. It came into effect on 1 July 2016. As a European Regulation, it has direct effect in UK law and automatically applies in the UK.

There are also some specific provisions on its effect, supervision and enforcement in the UK set out in the Electronic Identification and Trust Services for Electronic Transactions Regulations 2016 (the UK eIDAS Regulations).

The UK eIDAS Regulations were amended by the Data Protection Act 2018  to reflect changes in the Commissioner's investigative powers.

The Regulation aims to enhance trust in electronic transactions between businesses, citizens and public authorities by providing a common legal framework for the cross-border recognition of electronic ID and consistent rules on trust services across the EU.

For more information on the eIDAS Regulation and relevant binding implementing decisions adopted by the European Commission, visit the Commission webpages on trust services and eID.

The European Union Agency for Network and Information Security (ENISA) also provides expert advice and recommendations on the implementation of the eIDAS Regulation.

What does it cover?

Chapter II of the Regulation provides a framework which will allow European citizens to use electronic ID to access online public services in other EU member states by September 2018. The UK’s national electronic identification scheme is Verify, and responsibility for this part of eIDAS lies with the Government Digital Service (GDS).

Chapter III of the Regulation sets out requirements for trust services. It also sets out what trust service providers need to do in order to gain qualified status, which entitles them to be listed on a trusted list and to use an EU trust mark.

This guide focuses on the trust service provisions in Chapter III of the eIDAS Regulation.

What is the ICO’s role?

The ICO is the UK supervisory body for the trust service provisions of the eIDAS Regulation. We can grant and revoke qualified status for trust service providers established in the UK, report on security breaches, carry out audits and take enforcement action.

We also cooperate with supervisory bodies in other EU member states, and submit annual reports to the European Commission and to ENISA.

KEY CONTACTS

Andrew Clarke

SENIOR SOLICITOR
Andrew advises on corporate structures, mergers and acquisitions, company law compliance and corporate governance.
aclarke@mckr.ie
+353 1 859 0100
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