Agency and distribution

Explore the intricacies of agency and distribution law in Ireland, essential for structuring effective commercial relationships. This topic provides practical insights into the legal frameworks governing agents and distributors, ensuring compliance and strategic advantage in the marketplace.

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Roughly 70% of notifications used the CCPC’s simplified procedure (63 cases), indicating ongoing extensive reliance on a fast-track route for unproblematic transactions. Overall, in total, average clearance periods were around 40 calendar days; simplified reviews averaged about 16 calendar days, and the longest case, concluded in 2025, required 344 calendar days......

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EU LAW

EU Member States are facing a challenge to ensure smooth cross-sectoral and cross-border co-operation between the regulators tasked with enforcing the bloc EU's AI law, with no easy solution to navigate the complexity. Timetables for crucial elements of the EU AI Act have already slipped. Most EU countries failed to meet August 2025’s deadline to establish national authorities to oversee rules for high-risk AI systems. Setbacks in creating compliance tools, including technical standards, have led the European Commission to suggest postponing the high-risk regime, thereby granting Member States additional time to ready their governance arrangements. The EU AI Act leaves it to national governments to decide how to organise AI oversight, resulting in enforcement duties being spread across a mix of data protection authorities, telecom regulators, cybersecurity agencies and other regulatory bodies. “The institutional structures vary in each country, and we need to respect them,” said...

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EU LAW

Meta Platforms, TikTok, X and Amazon are now well used to the steady rhythm of enforcement under the EU's content-moderation law, but are increasingly encountering private actions that seek remedies for alleged shortcomings. Such claims were always envisaged by the EU's Digital Services Act (EU DSA), operating alongside public oversight by the European Commission and national regulators, and they are now emerging as a growing exposure for Big Tech platforms. Most of the EU DSA lawsuits disclosed to date have been brought by advocacy groups and consumer organisations in Germany and the Netherlands, and have been filed in national courts (see here, here and here). As a result, these first decisions take effect only at the national level. One example is a recent Dutch ruling in summary proceedings that compelled Meta to offer Facebook and Instagram users a...

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EU LAW

According to an internal memo, EU capitals have challenged the Commission’s method for deferring the start of key obligations under the bloc’s AI rulebook. Their concerns focus on suggested postponement of the entry into application of core legal requirements. Previous month, Commission unveiled a bundle of tweaks to the EU AI Act—dubbed the digital omnibus on AI—which in turn would push back the moment when duties for providers of high‑risk AI systems begin to apply. This long‑anticipated hold‑up stems from setbacks in drafting the technical standards needed to operationalise the rules for companies, and from slow progress in setting up competent national authorities. Yet the Commission’s chosen route has prompted a series of pressing and urgent queries, signalling increased legal uncertainty for businesses......

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Featured Ireland - Commercial content

PRACTICE NOTES

This Practice Note sets out a high-level guide to Regulation ( EU) 2022/1925, the EU Digital Markets Act ( DMA), viewed from an Irish standpoint. It addresses the DMA’s effects on the Irish marketplace, outlines the suite of rules the DMA introduces, explains how gatekeepers are designated, and describes the European Commission’s enforcement toolkit under the regime. It also considers worldwide compliance expectations, the forthcoming steps towards rolling out the DMA, and the key dates for meeting the obligations it imposes. The Digital Markets Act On 15 December 2020, the European Commission (the Commission) unveiled proposals for two EU-wide measures to govern digital services-the Digital Services Act and the Digital Markets Act. On 27 October 2022, the Commission completed adoption of the DMA by publishing its text in the EU Official Journal, triggering a six‑month transition period before the DMA became...

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PRACTICE NOTES

This Practice Note provides an overview of the law, guidance and practice on executing simple contracts and deeds in Ireland. It sets out the principal distinctions between simple contracts and deeds and the formalities for execution. It also addresses counterparts and virtual closings, electronic signatures, powers of attorney, deed of variation, Irish Collective Asset-management Vehicles ( IVACs) and property transactions. Creating a contract A contract is a legally binding agreement conferring rights and imposing obligations between two or more parties. In essence, four core requirements must be met before a contract arises: an offer has been made that offer has been accepted valuable consideration is provided for performance of the contract the parties intend to be legally bound Contracts can be: oral written a mixture of oral and written by deed The general rule is that writing is not...

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PRACTICE NOTES

This resource kit This resource kit brings together the principal practical guidance available across Lexis+® UK on artificial intelligence ( AI). Organised by practice area, it is refreshed as new material appears. The rapid growth of AI technologies has led lawmakers, businesses and the public to focus more closely on the potential advantages and the risks that accompany AI use. AI gives rise to a range of legal and regulatory considerations across numerous disciplines, including: intellectual property ( IP) data protection and cybersecurity transactional work such as corporate and commercial employment healthcare and life sciences finance The UK government is developing an AI regulatory strategy that will determine how AI is governed here in future. In the EU, a legislative framework is being built to regulate AI, primarily via Regulation ( EU) 2024/1689 laying down harmonised rules on...

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PRECEDENTS

This precedent sets out an assignment of intellectual property rights, prepared to be broadly even‑handed for both sides. It includes optional or alternative clauses that may favour the assignor or the assignee. Use this document to transfer expressly identified intellectual property rights, or a category of rights specified for a defined work. This DEED is dated [ insert date ] Parties Confirm the accuracy of the names stated in the contract. Where a corporate group is involved, ensure the correct group company is the entity entering into the agreement. [ insert name ] [ of OR a company incorporated under the laws of [ Ireland ] with company number [ insert registered number ] whose registered office is at ] [ insert address ] ( Assignor ); and [ insert name ] [ of OR a company incorporated under the laws of [...

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PRACTICE NOTES

This Practice Note outlines breach of contract and the remedies that may follow. It addresses what can constitute a breach, how the courts evaluate that question by construing the parties’ contractual obligations, the remedies available, and the deployment of clauses that cap or restrict consequent liability and/or compensation. It also looks at whether a breach of contract claim can be pursued and the method for claiming late payment interest. For a broader overview of contract law, see Practice Note: Ireland— Contract law essentials. Breach of contract A breach arises where one party (‘the defaulting party’) fails or declines to fulfil duties owed under the contract, in whole or in part. The other contracting party (‘the innocent party’) may then consider potential remedies for that failure. It should be remembered that a defaulting party with a lawful excuse for...

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CHECKLISTS

This Practice Note sets out detailed, relevant guidance on the principal legal and regulatory compliance obligations that a website operator should take into account within the EU, covering the following areas: the type and functionality of the website information disclosure requirements consumer protection data protection and privacy cookies accessibility cyber security platform-to-business online payments advertising, promotions and direct marketing AI competition law taxation liability for third party content intellectual property and observance of copyright geographic and territorial considerations Topics such as electronic data interchange ( EDI), blockchain, smart contracts, or sector-specific laws and regulations—including those relating to financial services, intermediation services, or online auctions—fall outside the scope of this Practice Note. This Practice Note addresses only legislation that has been adopted to date by the EU. For further details on...

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PRACTICE NOTES

This tracker is designed to monitor key consumer law cases. It compiles relevant Court of Justice opinions and judgements, organised by date, and spanning advertising and labelling, e-commerce, product liability and safety, provision of services, contracts, consumer disputes and enforcement. For further detail on the principal EU regulations and directives that protect consumer interests, see Practice Note: Key EU consumer legislation—summary. This tracker does not cover data protection cases. For EU data protection case law, see Practice Notes: EU GDPR—data protection case law tracker and Data protection cases before the Court of Justice of the European Union—tracker. 2026 Case Powszechna Kasa Oszczędności Bank Polski S. A. v MS et MS, Case C-753/24, ECLI: EU: C:2026:308 Date: 16 April 2026 Find out more: Court of Justice rules on unfair terms concerning supplier restitution. The Court held that Article 7(1) of...

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PRACTICE NOTES

This Practice Note provides a concise overview of Regulation ( EU) 2022/2065 of 19 October 2022 on a Single Market for Digital Services, which amends Directive 2000/31/ EC, called the EU Digital Services Act ( EU DSA). It was published in the Official Journal of the EU ( OJEU) on 27 October 2022 and applies from 17 February 2024, except for certain provisions for very large online platforms ( VLOPs) and very large online search engines ( VLOSEs) and other specified measures that take effect earlier. Alongside the Digital Markets Act ( EU DMA), the EU DSA was crafted as part of a broader legislative package to regulate digital markets. Its principal objective is to keep users safe from unlawful goods, content or services and to protect their fundamental rights online. This Practice Note sets out the background, scope and...

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PRACTICE NOTES

Introduction This Practice Note reviews the current Irish intellectual property framework governing artificial intelligence ( AI) and machine learning in Ireland. It summarises the principal strands of IP law relevant to AI systems and models and, in particular, explores questions around IP rights in: AI inputs (eg training data) the AI system itself AI outputs What is artificial intelligence? There is no single, settled definition of AI. In general terms, it refers to the imitation of human intelligence by machines, usually computer systems. Regulation ( EU) 2024/1689, the EU AI Act, defines an AI system as: ‘… a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content,...

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PRACTICE NOTES

This Practice Note sets out the principal Irish legal and regulatory points a website operator should consider when running a site, such as: The type and functionality of the website Information disclosure requirements Consumer protection Privacy and data protection Cookies Accessibility Cybersecurity Platform-to-business Online payments Advertising, promotions and direct marketing Competition law Taxation Liability for third party content Intellectual property and respecting copyright Geographic and territorial considerations Consideration of electronic data interchange ( EDI) arrangements, blockchain, smart contracts or sector-specific laws or regulations, including those applicable to financial services, intermediation services or online auctions, is outside the scope of this Practice Note. The type and functionality of the website Applicable compliance duties and rules differ according to a site’s nature, functionality or purpose. Pinpointing these...

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PRACTICE NOTES

This Practice Note examines matters relating to the development and use of autonomous and connected vehicles (also known as driverless cars or automated vehicles) in the EU, including: Terminology The current position of EU law Product safety and the EU type-approval procedure Product liability and insurance Data protection and cybersecurity Although most media coverage has centred on driverless private road vehicles-the focus of this Practice Note-the underlying technology has broader application, with indications that earlier benefits may emerge in sectors such as shipping and agriculture. For a timeline of key dates and details on autonomous vehicle development, see Practice Note: EU automated vehicles-tracker. Practice Note: Automated vehicles-data, privacy and cybersecurity issues in the EU addresses the data, privacy and cybersecurity matters arising from the use of autonomous and connected vehicle technology in the EU. For a summary of the...

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PRACTICE NOTES

This Practice Note provides a concise overview of the principal consumer directives and regulations that businesses should keep in view when engaging with consumers. It addresses the core legislation relevant to trading or contracting with consumers in the EU, together with other key B2C rules across advertising and labelling, data protection, e-commerce, payment, product liability and safety, provision of services, and consumer disputes and enforcement. Sector-specific consumer legislation is also included. Environmental and life sciences legislation is not covered. For insight into the application and interpretation of EU consumer law, see Practice Note: EU consumer protection cases tracker. To monitor EU consumer protection initiatives (regulations and directives), guidance, and ongoing policy developments, see Practice Note: EU consumer protection-tracker. For consumer rules relevant to the digital sector, see Practice Note: Key EU digital...

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PRACTICE NOTES

Advertising and marketing- France- Q& A guide [ Archived, 2022 edition] This Practice Note presents a France-specific Q& A on advertising and marketing, issued within the Lexology Getting the Deal Through series by Law Business Research ( August 2022), and archived as the 2022 edition. Authors: Bernard- Hertz- Béjot- Michel Béjot; Caroline Bouvier 1. What are the principal statutes regulating advertising generally? Advertising is governed by legislation and related implementing instruments, including decrees and ordinances that give effect to statutory provisions. For example, Toubon Law No. 94-665 of 4 August 1994 mandates and oversees the use of the French language in all advertising. Decree No. 92-280 of 27 March 1992 sets out particular rules for television advertising. There is no single advertising code; instead, various sectoral codes contain provisions on advertising in France. For instance: the Consumer Code addresses both deceptive or misleading...

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PRACTICE NOTES

This Practice Note explores the function and significance of boilerplate provisions within a contract. It highlights those boilerplate terms most frequently appearing in agreements connected with transactions, and considers the approach that ought to be adopted when reviewing or drafting any agreement that contains them. Lawyers handle an enormous range of transactions, yet each, in one form or another, relies on written contracts. Every one of those contracts ought to incorporate certain boilerplate terms. In practice, transaction documents should not be issued without them. What is boilerplate? There is no universally accepted meaning of a ‘boilerplate’ clause. These clauses are often regarded as routine, miscellaneous provisions. They are frequently signed off with minimal thought or bargaining, but treating them this way is a risky course to take. It is more precise to view ‘boilerplate’ as the label for the clauses included in an...

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PRACTICE NOTES

This Practice Note outlines and introduces the principal forms of alternative dispute resolution used in Ireland—direct negotiation, mediation, adjudication, arbitration and conciliation—setting out their key characteristics and the main governing statutes: the Mediation Act 2017 ( Ireland) ( MA 2017 ( IRL)), the Construction Contracts Act 2013 ( Ireland) ( CCA 2013 ( IRL)) and the Arbitration Act 2010 ( Ireland) ( AA 2010 ( IRL)). Forms of alternative dispute resolution ADR offers a voluntary route in place of litigation for resolving civil disputes. In Ireland, the leading methods—arbitration, mediation, direct negotiation and construction adjudication—will be familiar to practitioners across other common law jurisdictions. Conciliation, by contrast, although widely used domestically for both employment and construction disputes, will often be unfamiliar to those practising elsewhere. There is also limited uptake of other tools on the ADR spectrum, such as expert...

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PRACTICE NOTES

This Practice Note monitors all developments concerning Regulation ( EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives ( EU) 2019/1937 and ( EU) 2020/1828 (the Digital Markets Act— DMA). It followed the DMA through the ordinary legislative procedure up to its entry into force in 2022. It now records notable steps in the DMA’s implementation and enforcement. Background In a mission letter dated 1 December 2019, Dr Ursula von der Leyen tasked Executive Vice President Margrethe Vestager with ensuring that competition policy and rules are fit for the modern economy and with strengthening competition enforcement in all sectors. Drawing on expert reports and an E-commerce Sector Inquiry, the Commission in June 2020 opened a consultation on an Inception Impact Assessment for a New...

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Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

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This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

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Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

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I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

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