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Legal Updates & Insights

  • Article

    Safe Harbour will be replaced by an EU/US Privacy Shield - will it withstand Article 29 Working Party scrutiny?

    Following the CJEU decision in the Schrems Case on 6 October 2015 invalidating the Safe Harbour regime, the Article 29 Working Party (the group comprised of representatives of European national data protection authorities (Article 29WP)) gave the EU and US a three month timeline in which to agree a political solution to replace Safe Harbour.

    Technology
  • Article

    New website obligations for online traders

    From 15 February 2016, traders established in the EU that sell or provide goods or services online to consumers must provide a link on their websites to the European Commission's online dispute resolution (ODR) platform.

    Technology
  • Article

    New Irish Grocery Regime From 30 April 2016

    The grocery sector in Ireland will have to cope with a new set of rules from 30 April 2016. On 1 February 2016, the Minister for Jobs, Enterprise and Innovation signed the Consumer Protection Act 2007 (Grocery Goods Undertakings) Regulations 2016. These Regulations will enter into force on 30 April 2016.

    EU, Competition & Procurement
  • Article

    European Commission approves Acquisition of Topaz, RPIF and Esso Ireland by Alimentation Couche-Tard

    On 26 January 2016, the European Commission approved the acquisition of Topaz Energy Group Limited, Resource Property Investment Fund Plc ("RPIF") and Esso Ireland Limited by Alimentation Couche-Tard Inc ("ACT").

    EU, Competition & Procurement
  • Article

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

    On the International Front we look at the Securities Financing Transactions Regulation, the AIFMD passport, the PRIPs Regulation, EU Financial Services Regulation and PSD2.

    Asset Management & Investment Funds
  • Article

    The Front Page, Asset Management & Investment Funds: Irish Practice Developments

    On the Domestic Front, we look at Deadlines, Central Bank Markets Update, Central Bank Guidance on Umbrella Cash Accounts, Central Bank UCITS Q&A, CP86 transition timelines, CRS, FATCA and the EU Savings Directive.

    Asset Management & Investment Funds
  • Article

    Forum Connemara Limited v Galway County Local Community Development Committee, judgment of Ryan J. of 21 December 2016

    The High Court has refused an application made by Forum Connemara Limited ("Forum Connemara") for a stay on the implementation of the decision made by Galway County Local Community Development Committee (the "Committee") to award Galway Rural Development Company Limited ("GRDCL") a contract for the implementation of the Social Inclusion and Community Activation Programme (“SIPAC”) in County Galway

    EU, Competition & Procurement
  • Article

    Court of Appeal re-establishes case law on disqualification of directors

    Director of Corporate Enforcement -v- Walsh & ors [2016] IECA 2 concerned an appeal by the Director of Corporate Enforcement (the Director) against a decision of Barrett J declining to make a disqualification or restriction order against three directors.

    Disputes
  • Article

    The Cybercrime Bill is here

    The Department of Justice has published the Criminal Justice (Offences Relating to Information Systems) Bill 2016

    Technology
  • Article

    Data Protection Commission fines telecoms firm €5,000

    Telecoms company, Yourtel, has been fined €5,000 for making unsolicited telephone calls to two homes, urging them to switch their business.

    Privacy & Data Security
  • Article

    Reasonable Accommodation – how far must employers go?

    The High Court has recently affirmed a decision of the Labour Court which awarded an employee €40,000 for failure to adequately consider or evaluate potential options of reasonable accommodation.

    Employment
  • Article

    Safe Harbour 2.0: Where are we now?

    There have been intense negotiations between EU and US officials on an "Umbrella Agreement" or "Safe Harbour 2.0" following the European Court of Justice's Schrems decision last October.

    Technology