Written answers

Thursday, 29 June 2023

Department of Enterprise, Trade and Employment

Business Regulation

Photo of Mairead FarrellMairead Farrell (Galway West, Sinn Fein)
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217. To ask the Minister for Enterprise, Trade and Employment if there are rules in relation to online businesses which hold an Irish web domain address and market themselves as Irish, but yet are not registered for VAT, are not registered with the CRO and do not have a working phone number. [31907/23]

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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My Department has no role in the registering of Irish domain addresses. The Commission for Communication Regulation (ComReg) is the statutory body responsible for the regulation of the electronic communications sector in the State. The Electronic Commerce Act 2000 (as amended by the Communication Regulation (Amendment) Act 2007), provides that ComReg is responsible for the regulation of the .ie domain name. In 2009, ComReg announced the appointment .ie Domain Registry (IEDR) as the authority authorised to register .ie domain names.

The IEDR "Registration and Naming in the .ie Namespace Policy" provides information on the registration requirements for .ie domains and how they are managed after registration. The policy states that .ie domain names are only available to those based in the island of Ireland or those with a real and substantive connection to Ireland that must be proven. According to the IEDR Policy, evidence of this includes:

  • an Irish CRO number (including N. Ireland equivalent), Revenue VAT number or Registered Business Number;
  • evidence from a sole trader/partnership could be an Irish VAT number in their own name(s), or proof of their business or Irish income tax registration;
  • evidence from a trademark holder that it holds a trademark that is enforceable in Ireland;
  • evidence from an individual could be a digital copy of an Irish driver’s license or Irish passport.
The IEDR Policy also states when applying for a .ie domain name, a future registrant based outside the island of Ireland must show that they trade with, or clearly intend to trade with, consumers or businesses on the island of Ireland. Acceptable evidence of this connection to the island of Ireland includes invoices, press releases, promotional material, or even a screenshot of the registrant’s e-commerce store that shows that consumers or businesses can select anywhere in the island of Ireland as their location for delivery. Proof of the future registrant’s corporate or commercial identity must also be provided.

In respect of my Department I wish to advise that if a business is registered within Ireland or the EU they must comply with national and EU competition and consumer protection law. This includes under consumer protection law, the requirement to display information such as the businesses’ location, registered address and phone number. Businesses based outside of the EU who market and sell goods to consumers within the EU must also comply with EU laws. However, in practical terms, it may be very difficult for a consumer to get redress if they experience issues with goods or services purchased from companies outside of the EU.

The CCPC through their ongoing consumer awareness campaigns regularly advises consumers that a ‘.ie’ domain is not a guarantee of an Irish-based business and encourages consumers to check the details of a business before making an online purchase.

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