- The law
- ePrivacy Regulations (S.I. No. 336 of 2011) regulation 13(10) and 13(12); E-Commerce Regulations (S.I. No. 68 of 2003) regulations 7 and 8
- Who enforces it
- Data Protection Commission (DPC)
- Penalties
- A criminal offence for each email: up to €5,000 per email on summary conviction, or up to €250,000 (companies) or €50,000 (individuals) on indictment. Breaking the e-commerce rules: up to €3,000 or 3 months in prison on summary conviction
What it means for your email
- Every direct marketing email must include a valid address at which the sender can be contacted.
- You must not disguise or conceal the identity of the sender the email is sent on behalf of.
- Each email must have a valid address where people can ask you to stop.
- Under the e-commerce rules, a commercial communication must be clearly identified as such, and the person it's sent for must be clearly identifiable.
- Offers such as discounts and gifts, and promotional competitions, must be clearly identifiable, with their conditions easy to find and clearly presented.
- Each email that breaks regulation 13 is a separate offence.
Do
- Use a from name and footer that name the brand the email is really from.
- When an agency sends for a client, make the client's identity clear.
- Label offers and competitions plainly and link to their terms.
- Keep the contact and opt-out addresses working. See the Ireland unsubscribe card for handling requests.
Don't
- Don't send from a name or address designed to hide who's behind the email.
- Don't send emails that break the e-commerce rules on commercial communications (regulation 8), or that encourage people to visit websites that do.
- Don't hide the conditions of an offer or competition.
Good to know
- Regulation 7 of the e-commerce rules says your name, geographic address, email address, and your register number and VAT number where they apply, must be easy to find directly and always available to your users, for example on your website. Breaking regulations 7 or 8 is a separate offence.
Sources
- S.I. No. 336/2011: European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 (Irish Statute Book)
- S.I. No. 68/2003: European Communities (Directive 2000/31/EC) Regulations 2003 (Irish Statute Book)
Researched by Mailfois · 2026/27 edition · checked 20 October 2026
Not legal advice. This is a plain-English summary. Check the sources for anything specific, or take professional advice. Spotted something out of date? Email [email protected] and we'll credit you if you'd like.