IrelandIrish ePrivacy Regulations
Officially S.I. No. 336 of 2011, Unsolicited Telephone Calls for Direct Marketing
S.I. No. 336 of 2011, reg. 13(5)-(6), (8)-(9)
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What follows is LexLint's own research summary of this law, not legal advice.
In force since .
A telephone contact rule binding public and private bodies.
As of .
What it requires
- Before making a live telephone call for direct marketing, check that the called line has not told you not to call and is not recorded on the National Directory Database's opt-out list; if neither applies you do not need the recipient's prior consent for that call alone.
- Get the called subscriber's or user's prior consent, or check it is recorded as consenting in the National Directory Database, before making an automated-calling or telephone call for direct marketing to a mobile telephone number.
- Let a subscriber or user register an objection, or a request to be added to the National Directory Database, free of charge.
- You do not breach this regulation by calling within 28 days after a do-not-call request or notification was received and recorded, which is the grace period the National Directory Database mechanism allows for a request to take effect.
If you get it wrong
Criminal exposureYes
Private right of actionYes
Criminal exposure note
Each contravention of paragraph (5) or (6) is a separate offence (the making of each unsolicited call counts separately), carrying on summary conviction a class A fine (currently a fine not exceeding 5,000 euro under the Fines Act 2010) and, on conviction on indictment, a fine not exceeding 250,000 euro for a body corporate or 50,000 euro for a natural person; there is no imprisonment term for this offence. The defendant bears the onus of proving the recipient's consent where consent is in issue.
Who enforces it
Enforcement body
Data Protection Commission, which investigates complaints and may bring and prosecute summary proceedings for an offence under the Regulations (regulation 26); because a breach of regulation 13 is itself an offence, it is prosecuted rather than met with an enforcement notice. The Commission for Communications Regulation (ComReg) separately monitors compliance with this regulation and may issue directions for its effective implementation.
What it reaches
Obligation class
Consent, Disclosure
What this law does
Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.
Regulation 13(5) bars an unsolicited telephone call for direct marketing to any subscriber or user who has told the caller not to call or whose line is recorded on the National Directory Database's opt-out record, so a live call needs no prior consent unless the called line has already opted out.
Regulation 13(6) requires the called subscriber's or user's prior consent, or recorded consent in the National Directory Database, before an automated calling machine or telephone call markets to their mobile telephone.
Regulation 13(8) lets a subscriber or user register an objection, or a request to be recorded in the National Directory Database, free of charge, and regulation 13(9) gives a caller a 28-day grace period after such a request or notification is recorded before non-compliance becomes a breach.
When LexLint raises it
automated_outreach
Read the law
Irish Statute Book, official text of S.I. No. 336 of 2011
Every line above is drawn from the primary source linked here, read on the date shown. This is a research summary, not legal advice.