THIS PARTICULAR directive which has been implemented in Ireland since 2000, essentially creates a legal framework for electronic commerce, in particular the provision of information society services and electronic contracts.
However in this liability can arise under a range of laws including on trade and service marks, copyrights, trade secrets, unfair competition, defamation, and privacy. The issue that has been much litigated is the liability of intermediaries such as ISPs and Social Media services providers and tools. In this regard the Directive provides exemptions for intermediary service providers, but also under the eCommerce Directive regulates the extent of the exemptions available to them.