(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of these Regulations is to transpose into Irish law the essential requirements of Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the internal market (Electronic Commerce Directive). A number of provisions of the Directive were transposed in the Electronic Commerce Act 2000 (No. 27 of 2000) or were already on the statute book by virtue of the provisions of the Data Protection Act 1988 (No. 25 of 1988).

The Regulations lay down a framework for the supply of Information Society (IS) services (essentially services provided "on line") between one Member State of the European Economic Area (the EU plus Iceland, Liechtenstein and Norway) and another. The framework lays down that IS services provided by an Irish service provider to a person in another Member State must comply with the applicable Irish law for that service. The applicable law of the importing Member State may not be applied to the IS service in question. Derogations are provided from the framework for the IS services listed in Schedule 2 to the Regulations. In addition, the Regulations provide for the right of a Member State to take measures against incoming IS services on a case-by-case basis and in certain circumstances such as to prevent a crime relating to public policy or to protect consumers including investors. Certain IS services are excluded from the Regulations.

The Regulations require persons sending unsolicited commercial e.mails to ensure that these are clearly identifiable on receipt.

The Regulations create an exemption from liability for intermediary service providers (persons whose business consists in the connection of persons to the Internet) where certain activities are performed and in certain circumstances.