Ireland has become a key forum for digital platform disputes. Many of the world’s largest technology companies have established their European headquarters or principal operating entities here, making Ireland a natural venue for significant platform-related litigation.

Contractual arrangements reinforce this position. Technology, advertising, cloud, and services agreements frequently provide for Irish law and the jurisdiction of the Irish courts, even where users, data, and commercial effects span multiple countries. As a result, proceedings before the Irish courts often require analysis of multiple legal systems and coordination with parallel regulatory investigations, enforcement actions, and private claims in other jurisdictions.

These disputes commonly involve substantial claims, urgent commercial issues, and complex technical evidence relating to platform architecture, data flows, automated decision-making, advertising technologies, and content moderation systems.

Parties are also increasingly advancing claims and defences based on the Digital Services Act (DSA), Digital Markets Act (DMA), and GDPR. Irish courts and dispute resolution bodies are playing an increasingly important role in the practical development of EU digital regulation. The disputes before them frequently involve sophisticated parties, extensive discovery exercises, specialised expert evidence, and parallel proceedings across multiple jurisdictions. As this area of law continues to evolve, it will increasingly influence risk allocation, compliance strategies, and commercial relationships throughout the digital economy.

Hayes’ Experience

Against this backdrop, Hayes solicitors advises digital platforms, technology companies, and other participants in the digital economy on some of the most complex disputes arising under these developing regulatory frameworks. We combine strategic advice on forum selection, contractual interpretation, interim relief, and enforcement with the technical understanding required to analyse data-driven business models and platform operations.

Our work spans high-value, multi-jurisdictional disputes involving significant commercial, regulatory, and technical issues.

Adtech Disputes

We act for platform operators in disputes concerning advertising revenues and the application of industry standards. We have also acted for businesses operating in the digital advertising market in disputes against major global platforms. These matters raise complex contractual, technical, and cross-border issues and reflect broader developments across the digital advertising ecosystem.

Digital Services Act Dispute Resolution

We advise out-of-court dispute settlement bodies established under the Digital Services Act. Our work includes advising on the legal and regulatory framework governing these mechanisms, together with broader issues relating to platform governance, content moderation, regulatory compliance, and dispute resolution.

Disputes Involving Major Platforms

We have acted both for and against leading social media and technology companies in disputes involving complex questions of contract, regulatory compliance, and the practical operation of platform systems at scale. This includes acting for parties in defamation claims against social media companies.

Payment Provider Disputes

We have acted for parties in disputes against payment service providers, involving contractual and commercial issues arising from the provision of payment services.

Norwich Pharmacal Orders

We have experience in advising clients in relation to Norwich Pharmacal Orders, a form of equitable relief granted by the courts compelling an individual or a company to disclose information or documentation relevant to wrongdoing. An application seeking a Norwich Pharmacal order is often the first step when a party is subject to defamatory or otherwise unlawful posts on social media platforms and wants to identify the person making the posts.

Emerging Trends

DSA Enforcement

Although DSA enforcement remains at an early stage, its impact on litigation is already becoming apparent. Regulatory findings, requests for information, and remedial measures are likely to play an increasingly important role in contractual disputes, follow-on damages claims, and applications for urgent relief.

Content Moderation and Platform Governance

Content moderation disputes are expected to increase as platforms, users, advertisers, and business partners adapt to the DSA’s evolving requirements. Questions concerning transparency, complaint-handling procedures, governance structures, and platform decision-making are likely to become a significant source of litigation.

Digital Agreements and Cross-border Disputes

Disputes arising from technology, software, cloud, and platform agreements are expected to increase as digital businesses become more interconnected and commercially dependent on third-party services. These disputes frequently involve issues relating to service availability, data access, revenue sharing, and the enforceability of limitation and exclusion clauses in rapidly evolving commercial environments.

Automation of Processes and Reduction of Staff by Major Platforms

Many of the major platforms, particularly in areas such as online advertising, appear to increasingly rely on automated processes. This, taken with the reduction of overall staffing levels, can lead to situations where business customers paying for advertising on these platforms can face issues such as being over charged, charged in relation to advertisements not related to their business, or not being paid for views generated by their content.

When the business customer tries to raise these issues with the platform, they can find themselves facing an automated appeal process with no apparent recourse to the platform.

As platform operations become increasingly automated, disputes concerning transparency, accountability, procedural fairness and contractual rights are likely to become more common.

Given the widespread use of Irish law and jurisdiction clauses in digital contracts, Ireland is likely to remain a significant forum for the resolution of high-value, cross-border technology disputes.

How We Can Help

Hayes combines deep experience in commercial disputes with a practical understanding of digital platforms, data, and EU regulation. We help clients identify and assess risk at an early stage, develop effective evidential and procedural strategies, and manage disputes that cross legal, technical, regulatory, and commercial boundaries, whether those disputes involve regulatory scrutiny, international proceedings, or high-value commercial litigation across multiple jurisdictions.