paul@paulfoleylaw.ie
22 Northumberland Road, Ballsbridge, Dublin 4

Expertise: Internet Law & Regulation

I HAVE 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, such as ebanking products, ebooking services, electronic money, electronics products, gaming and gambling services, insurance products, investment services, mobile apps, loans, medicinal products, medical devices, payment services, passenger reservation services and travel services. I have also provided the legal documents for online auctions, online price comparison, online shops and advised extensively on legal aspects of social networking sites.

I have advised on internet specific compliance issue for companies including consumer rights, data protection, cyber security compliance, on identity and address verification issues (eKYC), 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 with them.

More particularly I have extensive experience in drafting

  • Agreements for the purchase, sale and maintenance of tech 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 Cybersecurity Directive ((EU) 2016/1148) (also known as the Network and Information Security Directive), the Cyber Security Implementing Regulation (EU) 2018/151 and the 2019 EU Cyber Security Act
  • 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 (eKYC)

  • 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, adtech regulation under GDPR Regulation ((EU) 2016/679), internet advertising or emarketing and the Unfair Commercial Practices Directive (Directive 2005/29/EC) and the upcoming ePrivacy Regulation
  • Internet email policies for companies, their structuring
  • Internet franchise agreements, competition law compliance
  • Licensing, sound and television, codes and rules, advice on
  • 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
  • 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 user agreements
  • Website hosting agreements in the context of the General Data Protection Regulation (EU) 2016/679, the Cybersecurity Directive (EU) 2016/1148 and the Cyber Security Implementing Regulation (EU) 2018/151
  • Website development agreements, search engine optimisation agreements and data hosting agreements, their drafting and structuring in the context of the General Data Protection Regulation (EU) 2016/679
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