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Legal Updates & Insights

  • Article

    Tracker, Financial Services Regulation & Compliance - Cross Sectoral

    On the Domestic Front: Central Bank of Ireland publishes research on consumer perceptions of complaints handling in regulated firms; Minster for Finance publishes two reports prepared by the Credit Union Advisory Committee. On the European Front: EU Commission publish document on crowdfunding as an alternative source of finance

    Financial Regulation
  • Article

    Tracker, Financial Services Regulation & Compliance - Investment Firms

    On the Domestic Front: Central Bank of Ireland Governor comments on risks facing investment industry. On the EU Front: EU Council confirms delayed application of MiFID II and MiFIR; EU Commission adopts two further delegated acts supplementing MiFID II

    Financial Regulation
  • Article

    Tracker, Financial Services Regulation & Compliance - Funds

    On the Domestic Front: Central Bank consultation on Fund Management Company Effectiveness; Feedback on Central Bank CP99; Consultation on Amendments to the AIF Rulebook. On the EU Front: MMF Regulation; Benchmark Regulation

    Finance
  • Article

    Tracker, Financial Services Regulation & Compliance - Banking

    On the Domestic Front: Central Bank of Ireland publishes list of ‘Frequently Asked Questions’ on Bank and Investment Firm Resolution Fund and Single Resolution Fund; Opposition Bill on Excessive Variable Mortgage rates passed first legislative stage. On the EU Front: European Banking Authority publishes Discussion Paper on uses of consumer data by financial institutions

    Financial Regulation
  • Article

    Tracker, Financial Services Regulation & Compliance - Insurance

    On the Domestic Front: CBI consults on guidance on the role of Head of Actuarial Function Opposition Bill on Excessive Variable Mortgage rates passed first legislative stage; CBI industry-wide publications on FLAOR and reporting.

    Finance
  • Article

    Solvency II and Proportionality

    Laura Mulleady, Insurance Partner and Michael Buckley, Associate at A&L Goodbody provide insights into the challenges posed by Solvency II and how they can be overcome. This article was first published in Captive Review Dublin 2016 Report by Pageant Media in May 2016.

    Insurance & Reinsurance
  • Article

    The Front Page, Asset Management & Investment Funds: EU & International Developments

    On the International Front we look at AIFMD, AIFMD remuneration guidelines, MMF Regulation, Benchmark Regulation, AML/CTF and Cybersecurity.

    Asset Management & Investment Funds
  • Article

    Council of Europe adopts the NIS Directive

    On 17 May 2016, the Council of Europe formally adopted the Network and Information Security (NIS) Directive, a Commission proposal in response to increasing concerns about cyber-attacks and privacy breaches.

    Privacy & Data Security
  • Article

    Irish High Court Gives Concrete Guidance on Dawn Raids

    CRH PLC, Irish Cement Limited and Seamus Lynch v Competition and Consumer Protection Commission (Judgment of Mr Justice Max Barrett delivered on 5th April 2016).

    EU, Competition & Procurement
  • Article

    Irish share incentives developments

    The Revenue Commissioners have made some small but welcome changes to their guidance notes in relation to the operation of salary foregone and contributory (“buy one get one free”) arrangements via their Approved Profit Sharing Scheme.

    Pensions & Incentives
  • Article

    Data Subjects’ Right of Appeal and Testing the Boundaries of “Personal Data”

    Under Section 26 of the Data Protection Acts 1988 and 2003, an appeal before the courts is provided for against a decision of the Data Protection Commissioner in relation to a complaint under Section 10(1)(a) of the Acts. The scope and applicable review standard for such an appeal was one of two key issues which came before the Supreme Court in the recent case of Nowak v. The Data Protection Commi

    Technology
  • Article

    New Guidance On Whether Hyperlinking May Constitute Copyright Infringement

    Under the Copyright Directive (2001/29/EC) the owner of copyright material has the exclusive right to control any "communications to the public" of their protected works.

    Technology