Written answers
Thursday, 29 June 2023
Department of Enterprise, Trade and Employment
Business Regulation
Mairéad 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]
Dara 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.
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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