The ASAI has limited sanctions. The ASAI Code is a non-statutory self-regulating code. The ASAI can publish case reports of the Complaints Committee. Promotions that breach the ASAI Code must be withdrawn or amended. If a member of the ASAI does not comply with an ASAI decision, that member may be subject to fines and/or suspension of ASAI membership. In practice, the ASAI does not issue fines.
Under the Gaming and Lotteries Acts a person who contravenes a provision of the Acts, for which a penalty is not specifically fixed, is guilty of an offense and on summary conviction is liable for a maximum fine of €127 and/or up to 3 months’ imprisonment. On conviction the Court may order the destruction of any documents relating to the lottery.
Under the CPA, if a trader is convicted of an offense, the court can require the trader to pay damages to a consumer who has suffered loss and can impose a fine or penalty on the trader. The maximum fine for a first offense is €3,000 on summary conviction.
Under the Data Protection Acts, the Data Protection Commissioner can issue enforcement, information or prohibition notices. In the case of enforcement or prohibition notices, non-compliance without a reasonable excuse is a criminal offense, and is punishable on prosecution with fines ranging up to €4,000 on summary conviction and up to €100,000 on conviction on indictment. Breaches under the ePrivacy Regulations can attract fines ranging from €5,000 on summary conviction to €250,000 on conviction on indictment.
Last modified 10 Feb 2017