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Legal Updates & Insights

  • article

    Insurance: Irish Government Publishes Brexit Bill

    Part 8 of the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2019 relates to insurance.   UK insurers and insurance intermediaries that will still have Irish business (i.e. policyholders) post-29 March 2019 are understandably anxious. "Dear CEO" letters were sent by the Central Bank of Ireland (CBI) in Q4 2018 to all UK insurers and intermediaries passp...

    Brexit
  • article

    BREXIT: The UK to have a “Montreal Moment”?

    They were all set to go.  The world expected them to leave.  They planned to regain independence.  They wanted to make new laws.  There were many who were opposed but it seemed to be the "will of the people".  There were court challenges.  No one was sure how it would all work out.  Supporters of leaving said they would do new deals with various parts of the world.  At first, it all seemed a dr...

    Brexit
  • article

    A no-deal Brexit: Competition law and consequences for businesses in Ireland

    Following the referendum held on 23 June 2016, the UK Government submitted a notification to the European Union (EU) on 29 March 2017 of its intention to withdraw the UK from the EU.

    Brexit
  • article

    Contracts, on-line selling and staying the right side of EU and Irish competition law

    EU and Irish competition law prohibit anti-competitive agreements between companies. In Ireland, agreements which breach EU and Irish competition law can have material adverse consequences for those involved...

    EU, Competition & Procurement
  • article

    Politics and the application of competition law in Ireland

    It has already been an eventful year for competition law regulators given the growing political involvement and wider geo-political effects of transactions (as well as business practices).

    EU, Competition & Procurement
  • publication

    Cartels and Leniency Law in Ireland 2019

    Dr Vincent Power, Head of A&L Goodbody's EU, Competition & Procurement Group, provides an overview of the legal framework, policies and guidance in relation to cartels and leniency law in Ireland.

    EU, Competition & Procurement
  • article

    EDPB publishes Work Program for 2019/2020

    The EDPB has published information notes on Data Transfers under the GDPR in the Event of a No-Deal Brexit, and on BCRs for Companies Which Have ICO as BCR Lead Supervisory Authority to help organisations prepare for a no-deal Brexit. The information notes build on guidance already issued by the UK ICO and Irish Data Protection Commission (discussed here). The Information Note on Data Transfe...

    Commercial Contracts
  • article

    EDPB publishes information notes on data transfers in the event of a no-deal Brexit and on BCRs

    The EDPB has published information notes on Data Transfers under the GDPR in the Event of a No-Deal Brexit, and on BCRs for Companies Which Have ICO as BCR Lead Supervisory Authority to help organisations prepare for a no-deal Brexit. The information notes build on guidance already issued by the UK ICO and Irish Data Protection Commission (discussed here). The Information Note on Data Tra...

    Commercial Contracts
  • article

    BREXIT: how (and where) commercial disputes would be litigated after a “no deal” Brexit

    The effects of Brexit on major commercial transactions and the resolution of commercial disputes will ultimately depend on the terms on which the UK leaves the European Union. An extreme "No Deal" Brexit, is likely to have significant repercussions in the way parties provide for the resolution of commercial disputes in several respects. Due to its procedural effectiveness and certainty, the Co...

    Brexit
  • article

    BREXIT: Irish subsidiaries of UK firms warned of more dawn raids

    One of the unforeseen consequences of Brexit is that Irish businesses could be subject to more competition dawn raids by the European Commission as the option of conducting these unannounced inspections in the UK is blocked off by the UK leaving the European Union.  A&L Goodbody's Dr Vincent Power was interviewed about the issue in an article in to-day's The Irish Times...

    Brexit
  • article

    BREXIT: pay-when-paid clauses in construction contracts

    Cash flow is the life blood of the construction industry, goes the mantra. Construction projects often have long supply chains. When cash stops flowing down the chain, businesses can fail. There is all too much recent evidence of this.   Someone in the chain (say, a main contractor) could seek to provide in a contract that it does not have to pay the party below (subcontractor) until it has...

    Brexit
  • article

    Global Tax Reform -  Ireland’s ATAD and MLI implementation

    The start of a new year brings a number of changes and developments in the world of tax. Ireland has introduced a new exit tax on certain transfers of assets cross border and CFC rules targeting the diversion of profits from Ireland to low or no tax jurisdictions.

    Tax