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Legal Updates & Insights

  • Article

    Financial Services Regulation and Compliance - Investment Firms Nov 2019

    Domestically, the CBI stated that the financing of a sustainable economy and climate risk is an important topic that is high on their funds and asset management sector agenda; At European level there have been many developments , including the publication of three sets of technical advice to the European Commission by ESMA regarding TC-CCPs under EMIR 2.2.

    Financial Regulation
  • Article

    Financial Services Regulation and Compliance - Banking Nov 2019

    Domestically, the CBI has set out what it is doing in the area of climate change; At European level the European Commission hosted a conference on the implementation in the European Union of new international rules for the banking sector known as the "finalization" of Basel III reforms.

    Financial Regulation
  • Article

    Blockchain Ireland: The Legal 500 & The In-House Lawyer Comparative Legal Guide

    In this chapter, A&L Goodbody provides an overview of the legal framework and key issues surrounding blockchain law in Ireland.

  • Article

    EDPB publishes finalised Guidelines on territorial scope of the GDPR

    The European Data Protection Board (EDPB) has published its finalised Guidelines 3/2018 on the territorial scope of the GDPR (Article 3).

    GDPR
  • Article

    Agreement to have dispute resolved by expert determination disapplied contractual arbitration provisions

    In K & J Townmore Construction ltd. v. Kildare and Wicklow Education and Training Board [2019] IEHC 666 the High Court refused to refer a dispute to arbitration on the basis that an agreement between the parties to have the disputes resolved by way of expert determination had the effect of disapplying not only the conciliation provisions of the original contract but also the arbitration provisions

    Disputes
  • Article

    Supreme Court holds that debt must be particularised in summary proceedings

    In Bank of Ireland Mortgage Bank v. O’Malley [2019] IESC 84, the Supreme Court has indicated that, if a lender wishes to use the High Court summary summons procedure for debt recovery, each of the component elements of an overall debt being claimed (i.e. principal, applicable interest rates, bank charges etc.) need to be specifically explained.

    Disputes
  • Article

    Differential Pricing: Motor and home insurance industries

    On 21 November 2019, the Director General of Financial Conduct at the Central Bank of Ireland, Derville Rowland, issued a Dear CEO letter  in respect of differential pricing in the motor and home insurance industries.

    Financial Regulation
  • Article

    Knowledge Annual Report 2019

    The report provides an overview of key developments in various areas of law as well as featuring significant legal changes anticipated for 2020.

    Asset Management & Investment Funds
  • Article

    New Regulations permitting Central Bank to restrict individuals’ data protection rights

    The Minister of Finance has passed new Regulations, the Data Protection Act 2018 (section 60(6)) (Central Bank of Ireland) Regulations 2019, permitting data subjects’ rights under Articles 12-22 and Article 34, and controllers’ obligations under Article 5 GDPR, to be restricted to the extent necessary and proportionate to allow the Central Bank of Ireland (CBI) to carry out certain functions.

    Commercial & Technology
  • Article

    Data Protection Commission publishes guidance on DSARs

    The Data Protection Commission (DPC) has published guidance which seeks to answer some of the most frequently asked questions in relation to Data Subject Access Requests (DSARs).

    GDPR
  • Article

    New Money Laundering and Terrorist Financing Regulations

    The European Union (Money Laundering and Terrorist Financing) Regulations 2019 (the Regulations) were published on 25 November. The Regulations amend the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (CJA). They are effective from 18 November 2019.

    Financial Regulation
  • Article

    Asset Management & Investment Funds: EU & International Developments: Nov 2019

    Updates to UCITS Directive, AIFMD and other legislative reforms.

    Asset Management & Investment Funds