(LRC Revised)

Number 27 of 2000

ELECTRONIC COMMERCE ACT 2000

REVISED

Updated to 1 June 2025

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an

administrative consolidation of the

Electronic Commerce Act 2000

. It is prepared

by the Law Reform Commission in accordance with its function under the

Law Reform

Commission Act 1975

(3/1975) to keep the law under review and to undertake

revision and consolidation of statute law.

All Acts up to and including

Finance (Provision of Access to Cash Infrastructure) Act 2025

(4/2025), enacted 20 May 2025, and all statutory

instruments up to and including

Telecommunications (Transfer of Departmental Administration and Ministerial Functions)

Order 2025

(S.I. No. 237 of 2025), made 27 May 2025, were considered in the preparation of this

Revised Act.

Disclaimer: While every care has

been taken in the preparation of this Revised Act, the Law Reform Commission can assume

no responsibility for and give no guarantees, undertakings or warranties concerning

the

accuracy, completeness or up to date nature of the information provided and does not

accept any liability whatsoever arising from any errors or omissions. Please notify

any

errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number

27

of

2000

ELECTRONIC COMMERCE ACT

2000

REVISED

Updated to 1 June 2025

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title

and commencement.

2.

Interpretation.

3.

Regulations.

4.

Laying of

orders and regulations before Houses of Oireachtas.

5.

Expenses of

Minister.

6.

Prosecution of

offences.

7.

Offences by

bodies corporate.

8.

Penalties.

PART 2

Legal

Recognition and Non-Discrimination in respect of Electronic Signatures, Originals,

Contracts and Related Matters

Legal Recognition of Electronic

Communications and Information in Electronic Form

9.

Electronic

form not to affect legal validity or enforceability.

10.

Excluded

laws.

11.

Certain laws

not to be affected.

12.

Writing.

13.

Signatures.

14.

Signatures

required to be witnessed.

15.

Consumer law

to apply.

16.

Documents

under seal.

17.

Electronic

originals.

18.

Retention

and production.

19.

Contracts.

20.

Acknowledgement of receipt of electronic communications.

21.

Time and

place of dispatch and receipt of electronic communications.

22.

Admissibility.

23.

Defamation

law to apply.

General

24.

Electronic

form not required.

25.

Prohibition

of fraud and misuse of electronic signatures and signature creation

devices.

26.

Activities

partly outside the State.

27.

Investigative procedures.

28.

Confidentiality of deciphering data.

PART 3

Certification Services

29.

Accreditation and supervision of certification service

providers.

30.

Liability

of certification service providers.

PART 4

Registration of Domain Names

31.

Interpretation: Part 4.

32.

Registration of ".ie" domain

names.

33.

Commission may impose

levy.

34.

Commission to have access to

domain database.

35.

Power of Commission to designate

interim registration authority.

SCHEDULE

Companies Act, 1990

1990, No. 33

Consumer Credit Act, 1995

1995, No. 24

Criminal Evidence Act, 1992

1992, No. 12

Petty Sessions (Ireland) Act, 1851

14 & 15 Vict., c.93

Succession Act, 1965

1965, No. 27

F1

[

…

]

Number

27

of

2000

ELECTRONIC COMMERCE ACT,

2000

REVISED

Updated to 1 June 2025

AN ACT TO PROVIDE FOR THE LEGAL

RECOGNITION OF ELECTRONIC CONTRACTS, ELECTRONIC WRITING, ELECTRONIC SIGNATURES AND

ORIGINAL

INFORMATION IN ELECTRONIC FORM IN RELATION TO COMMERCIAL AND NON-COMMERCIAL TRANSACTIONS

AND DEALINGS AND OTHER MATTERS, THE ADMISSIBILITY OF EVIDENCE IN RELATION TO SUCH

MATTERS,

THE ACCREDITATION, SUPERVISION AND LIABILITY OF CERTIFICATION SERVICE PROVIDERS AND

THE

REGISTRATION OF DOMAIN NAMES, AND TO PROVIDE FOR RELATED MATTERS.

[10

th July

, 2000]

BE IT ENACTED BY THE OIREACHTAS AS

FOLLOWS

Annotations

Modifications (not altering

text)

C1

Functions transferred and

references to Minister for

Environment, Climate and Communications

construed as

Tourism, Culture, Arts, Gaeltacht, Sport and Media

(1.06.2025)

by

Telecommunications (Transfer of Departmental Administration and Ministerial

Functions) Order 2025

(S.I. No. 237 of 2025), arts. 2, 3 and sch. part 1,

in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

2. (1) The administration and

business in connection with the exercise, performance or execution of any

functions transferred by Article 3 are transferred to the Department of Tourism,

Culture, Arts, Gaeltacht, Sport and Media.

(2) References to the Department

of the Environment, Climate and Communications contained in any Act or any

instrument made under an Act and relating to any administration and business

transferred by paragraph (1) shall, from the commencement of this Order, be

construed as references to the Department of Tourism, Culture, Arts, Gaeltacht,

Sport and Media.

3. (1) The functions vested in the

Minister for the Environment, Climate and Communications –

(a) by or under the Acts or

provisions of the Acts mentioned in Part 1 of the Schedule,

(b) under the Regulations or

provisions of the Regulations mentioned in Part 2 of that Schedule,

are transferred to the Minister

for Tourism, Culture, Arts, Gaeltacht, Sport and Media.

(2) References to the Minister for

the Environment, Climate and Communications contained in any Act or instrument

made under such Act and relating to any functions transferred by this Article

shall, from the commencement of this Order, be construed as references to the

Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media.

...

Schedule

Part 1

...

Electronic Commerce Act 2000 (No.

27 of 2000)

...

The history of the Ministers

concerned with the Electronic Commerce Act 2000 can be traced as follows

• Functions transferred and

references to Minister for

Public Enterprise

changed to

Marine and

Natural Resources

(18.06.2002) by

Communications, Energy and Geological

Survey of Ireland (Transfer of Departmental Administration and Ministerial

Functions) Order 2002

(S.I. No. 300 of 2002), in effect as per art.

1(2);

• Title of Minister for

Marine and Natural Resources

changed to

Communications, Marine and

Natural Resources

(19.06.2002) by

Marine and Natural Resources

(Alteration of Name of Department and Title of Minister) Order 2002

(S.I.

No. 307 of 2002), in effect as per art. 1(2);

• Title of Minister for

Communications, Marine and Natural Resources

changed to

Communications, Energy and Natural Resources

(20.10.2007) by

Communications, Marine and Natural Resources (Alteration of Name of

Department and Title of Minister) Order 2007

(S.I. No. 706 of 2007), in

effect as per art. 1(2);

• Title of Minister for

Communications, Energy and Natural Resources

changed to

Communications, Climate Action and Environment

(23.07.2016) by

Communications, Energy and Natural Resources (Alteration of Name of

Department and Title of Minister) Order 2016

(S.I. No. 421 of 2016), in

effect as per art. 1(2);

• Title of Minister for

Communications, Climate Action and Environment

changed to

Environment, Climate and Communications

(24.09.2020) by

Communications, Climate Action and Environment (Alteration of Name of

Department and Title of Minister) Order 2020

(S.I. No. 373 of 2020), in

effect as per art. 1(2).

• Functions transferred and references

to Minister for

Environment, Climate and Communications

construed as

Tourism, Culture, Arts, Gaeltacht, Sport and Media

(1.06.2025) by

Telecommunications (Transfer of Departmental Administration and Ministerial

Functions) Order 2025

(S.I. No. 237 of 2025), in effect as per art.

1(2).

• Title of Minister for

Tourism,

Culture, Arts, Gaeltacht, Sport and Media

changed to

Culture,

Communications and Sport

(2.06.2025) by

Tourism, Culture, Arts,

Gaeltacht, Sport and Media (Alteration of Name of Department and Title of

Minister) Order 2025

(S.I. No. 236 of 2025), in effect as per art.

1(2).

C2

Application of Act

restricted (24.02.2003) by

European Communities (Directive 2000/31/EC)

Regulations 2003

(S.I. No. 68 of 2003), reg. 14(1), in effect as per reg.

1(2).

Placing of orders pursuant to contracts concluded by electronic

means.

14. (1) Notwithstanding the

provisions of the

Electronic

Commerce Act 2000

(No. 27 of 2000) and subject to paragraph (2), in

relation to contracts concluded by electronic means where the recipient of the

relevant service places his or her order through electronic means—

(a) the relevant service provider

shall acknowledge the receipt of the order of the recipient without undue delay

and by electronic means,

(b) the order and the

acknowledgement of receipt are deemed to be received when the parties to whom they

are addressed are able to access them.

...

Annotations

Modifications (not altering

text)

C1

Functions transferred and

references to Minister for

Environment, Climate and Communications

construed as

Tourism, Culture, Arts, Gaeltacht, Sport and Media

(1.06.2025)

by

Telecommunications (Transfer of Departmental Administration and Ministerial

Functions) Order 2025

(S.I. No. 237 of 2025), arts. 2, 3 and sch. part 1,

in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

2. (1) The administration and

business in connection with the exercise, performance or execution of any

functions transferred by Article 3 are transferred to the Department of Tourism,

Culture, Arts, Gaeltacht, Sport and Media.

(2) References to the Department

of the Environment, Climate and Communications contained in any Act or any

instrument made under an Act and relating to any administration and business

transferred by paragraph (1) shall, from the commencement of this Order, be

construed as references to the Department of Tourism, Culture, Arts, Gaeltacht,

Sport and Media.

3. (1) The functions vested in the

Minister for the Environment, Climate and Communications –

(a) by or under the Acts or

provisions of the Acts mentioned in Part 1 of the Schedule,

(b) under the Regulations or

provisions of the Regulations mentioned in Part 2 of that Schedule,

are transferred to the Minister

for Tourism, Culture, Arts, Gaeltacht, Sport and Media.

(2) References to the Minister for

the Environment, Climate and Communications contained in any Act or instrument

made under such Act and relating to any functions transferred by this Article

shall, from the commencement of this Order, be construed as references to the

Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media.

...

Schedule

Part 1

...

Electronic Commerce Act 2000 (No.

27 of 2000)

...

The history of the Ministers

concerned with the Electronic Commerce Act 2000 can be traced as follows

• Functions transferred and

references to Minister for

Public Enterprise

changed to

Marine and

Natural Resources

(18.06.2002) by

Communications, Energy and Geological

Survey of Ireland (Transfer of Departmental Administration and Ministerial

Functions) Order 2002

(S.I. No. 300 of 2002), in effect as per art.

1(2);

• Title of Minister for

Marine and Natural Resources

changed to

Communications, Marine and

Natural Resources

(19.06.2002) by

Marine and Natural Resources

(Alteration of Name of Department and Title of Minister) Order 2002

(S.I.

No. 307 of 2002), in effect as per art. 1(2);

• Title of Minister for

Communications, Marine and Natural Resources

changed to

Communications, Energy and Natural Resources

(20.10.2007) by

Communications, Marine and Natural Resources (Alteration of Name of

Department and Title of Minister) Order 2007

(S.I. No. 706 of 2007), in

effect as per art. 1(2);

• Title of Minister for

Communications, Energy and Natural Resources

changed to

Communications, Climate Action and Environment

(23.07.2016) by

Communications, Energy and Natural Resources (Alteration of Name of

Department and Title of Minister) Order 2016

(S.I. No. 421 of 2016), in

effect as per art. 1(2);

• Title of Minister for

Communications, Climate Action and Environment

changed to

Environment, Climate and Communications

(24.09.2020) by

Communications, Climate Action and Environment (Alteration of Name of

Department and Title of Minister) Order 2020

(S.I. No. 373 of 2020), in

effect as per art. 1(2).

• Functions transferred and references

to Minister for

Environment, Climate and Communications

construed as

Tourism, Culture, Arts, Gaeltacht, Sport and Media

(1.06.2025) by

Telecommunications (Transfer of Departmental Administration and Ministerial

Functions) Order 2025

(S.I. No. 237 of 2025), in effect as per art.

1(2).

• Title of Minister for

Tourism,

Culture, Arts, Gaeltacht, Sport and Media

changed to

Culture,

Communications and Sport

(2.06.2025) by

Tourism, Culture, Arts,

Gaeltacht, Sport and Media (Alteration of Name of Department and Title of

Minister) Order 2025

(S.I. No. 236 of 2025), in effect as per art.

1(2).

C2

Application of Act

restricted (24.02.2003) by

European Communities (Directive 2000/31/EC)

Regulations 2003

(S.I. No. 68 of 2003), reg. 14(1), in effect as per reg.

1(2).

Placing of orders pursuant to contracts concluded by electronic

means.

14. (1) Notwithstanding the

provisions of the

Electronic

Commerce Act 2000

(No. 27 of 2000) and subject to paragraph (2), in

relation to contracts concluded by electronic means where the recipient of the

relevant service places his or her order through electronic means—

(a) the relevant service provider

shall acknowledge the receipt of the order of the recipient without undue delay

and by electronic means,

(b) the order and the

acknowledgement of receipt are deemed to be received when the parties to whom they

are addressed are able to access them.

...