- And the whistle is finally blown… First order for interim relief under the Protected Disclosures Act 2014 (27 September 2016)
Speed Read Two employees of Lifeline Ambulance Service were dismissed by reason of redundancy in June, 2016. Recently, they secured an interim Order from the Circuit Court (the Court) directing their continued payment of salary pending the outcome of their respective claims for unfair dismissal before the Workplace Relations Commission (the WRC).
- Central Bank Publishes New Cross Industry Guidance on IT and Cyber Security Risks (27 September 2016)
On 13 September 2016, the Central Bank of Ireland (the CBI) published new guidance on IT risk management and cybersecurity for financial service firms. Publication of the Guidance follows the CBI's previous actions in relation to cyber risks in the funds, insurance and banking sectors (see previous blog here). The CBI acknowledges that IT plays an integral part in the supply of financial services and calls on Boards and Senior Management of regulated firms to recognise the ever increasing incidences of cyber-attacks and business interruptions. It requests such firms to acknowledge their responsibilities in this regard and prioritise IT security. This responsibility involves establishing and maintaining a resilient IT strategy, while ensuring that it aligns with the firm's general business strategy. It states that a robust oversight and engagement on IT matters at the Board and Senior Management level promotes an IT and security risk aware culture within the firm.
- Free Wifi Providers Not Liable For Users' Copyright Infringements (27 September 2016)
The CJEU has confirmed the AG's Opinion, in McFadden v Sony Music Entertainment Germany (C-484/14), that operators of a free Wi-Fi service, who offer that service to the public, are not liable for copyright infringements committed by users of that network. However, such an operator may be required to password-protect its network in order to bring an end to, or prevent, such infringements.
- The Front Page, Asset Management & Investment Funds: Central Bank Deadlines for Pre-Christmas/Year-End Applications (27 September 2016)
he Central Bank of Ireland (Central Bank) has issued details of its deadlines for receipt of applications.
- And the whistle is finally blown… First order for interim relief under the Protected Disclosures Act 2014 (21 September 2016)
Two employees of Lifeline Ambulance Service were dismissed by reason of redundancy in June, 2016. Recently, they secured an interim Order from the Circuit Court (the "Court") directing their continued payment of salary pending the outcome of their respective claims for unfair dismissal before the Workplace Relations Commission (the "WRC"). While the Court held at the interim stage that it could not find that the employees' dismissal was wholly or mainly due to their whistle-blowing, the Court ordered the employer to pay both former employees' salaries until their unfair dismissal claims are heard by the WRC - some months from now. Costs were also awarded against the employer. This is the first case where such relief has been granted. The situation is a reminder that dismissing an employee where a connection can be made between the dismissal and the making of a protected disclosure can be costly and public, even before the claim for unfair dismissal is heard before the WRC.
- High Court refuses oral hearing of complaint to the Data Protection Commissioner (20 September 2016)
In Martin v Data Protection Commissioner  IEHC 479, Mr Martin sought to challenge the Data Protection Commissioner’s (DPC) refusal to investigate disputed facts of his data protection complaint via an oral hearing.
- Fixed Views on Mobile Mergers? (19 September 2016)
EU Competition Commissioner, Margrethe Vestager, gave an interesting perspective on mergers in the mobile phone market in a speech to the Forum for EU-US Legal-Economic Affairs in Paris on 15 September 2016.
- European Parliament appoints its Brexit Representative: A Tough Pro-EU Former Belgian Prime Minister (19 September 2016)
The forces for the Brexit negotiations are being slowly lined up on the negotiating chess board. The UK has appointed its Brexit Trio of Boris Johnson, Liam Fox and David Davis. The European Commission has appointed Michel Barnier as its Chief Negotiator in charge of the Preparation and Conduct of the Negotiations with the UK under Article 50 of the Treaty on European Union. And now, the European Parliament has appointed Guy Verhofstadt MEP as its representative on Brexit
- Irish Prime Minister gives Brexit assessment to business community (19 September 2016)
Irish Prime Minister, Enda Kenny TD, gave an overview of Brexit to the Annual President's Dinner of the Irish Business and Employers' Confederation ("IBEC") which is the Irish member of BUSINESS EUROPE.
- State Aid in Ireland 2016 (14 September 2016)
Dr Vincent Power, Partner and Head of A&L Goodbody's EU, Competition & Procurement Group provides an overview of State Aid law and policy in Ireland. This article was first published in State Aid 2016 by Getting the Deal Through.
- Top Eleven Key Questions for CEOs, General Counsel and Executives on Brexit Evaluation and Planning for Businesses (13 September 2016)
While each company and organisation has its own specific needs relating to Brexit, there are eleven key questions, from the legal perspective, which every CEO, General Counsel and executive should ask. These questions should be asked periodically throughout what is going to be a long Brexit process spanning not only the negotiation of the exit arrangements but also its implementation process which, in aggregate, could span a decade.
- Financial Litigation Update - Enforcement Difficulties (13 September 2016)
This update reviews four recent decisions of the courts which are of considerable significance for parties seeking to enforce loan agreements.
- Court Affirms Central Bank's Powers to Conduct Inquiries (13 September 2016)
The High Court recently published its judgment in the case of Purcell v Central Bank of Ireland & Ors. The proceedings relate to a challenge to the Central Bank's powers to conduct an inquiry as part of an administrative sanctions procedure pursuant to Part III C of the Central Bank Act, 1942 (as amended).
- Brexit and trade agreements – What is the legal basis for the negotiations by the EU with the UK? (12 September 2016)
When the EU and UK diplomats eventually begin talks on the post-Brexit trading relationship, the structure and possibly outcome of those talks will, at least in part, be affected by the legal basis on which the EU negotiates trade agreements with third countries. While Ireland will seek to actively engage with the EU institutions to outline issues directly affecting Ireland (such as the impact of Brexit on Ireland/Northern Ireland issues), the EU will take control of the negotiations on the post-Brexit trading relationship with the UK.
- Implications of Brexit for Irish Occupational Pension Schemes (09 September 2016)
It is not clear that there will be any immediate significant legal implications for Irish occupational pension schemes of the UK exiting the EU. However, the effect on the investment market and the continued uncertainty around Brexit is likely to have more immediate and significant consequences for Irish defined benefit schemes and their sponsoring employers.
- Brexit: UK to Get a "Saville Row" Solution? (06 September 2016)
Since the UK voted on 23 June to leave the UK – by a margin equivalent to more than the combined entire populations of Manchester, Edinburgh, Cardiff, Belfast and Bristol – there has been much discussion about the "model" which could be used for the UK's continued relationship with the EU.
- Tracker, Financial Services Regulation & Compliance - Banking (06 September 2016)
On the Domestic Front: Department of Justice and Equality publishes outline of "Scheme of Aid and Advice on Home Mortgage Arrears"; Central Bank of Ireland publishes Economic Letter on "Private Placement Instruments and the Wholesale Funding of the Banking System in Ireland". On the EU Front: European Banking Authority welcomes proposal to bring virtual currency exchange within the scope of the 4th Anti-Money Laundering Directive; European Banking Authority recommends introducing a minimum leverage ratio in the European Union.
- Tracker, Financial Services Regulation & Compliance - Funds (06 September 2016)
On the Domestic Front: Central Bank of Ireland publishes its Regulatory Service Standards Performance Report for January to June 2016; On the EU Front: EU Commission published its report on the Remuneration Rules for Credit Institutions and Investment Firms; IOSCO publishes a consultation report on good practices for the termination of investment funds.
- Tracker, Financial Services Regulation & Compliance - Insurance (06 September 2016)
On the Domestic Front: Central Bank of Ireland publishes guidelines for Solvency II (re)insurance undertakings on directors' certifications. On the EU Front: EIOPA publishes new Q&As on Solvency II; EIOPA publishes a consultation on proposed implementing technical standards under the Insurance Distribution Directive.
- Tracker, Financial Services Regulation & Compliance - Investment Firms (06 September 2016)
On the Domestic Front: Central Bank of Ireland releases statement on Contracts for Difference, binary options and other speculative products; Central Bank of Ireland releases Industry Letter in relation to themed inspection of the Structured Retail Products market. On the EU Front: UK Financial Conduct Authority publishes consultation on its implementation of MiFID II; European Securities and Markets Authority publishes updated Q&A on contracts for difference and other speculative products.
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