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Legal Updates & Insights

  • Article

    Gender balance on boards – signposting a sea change

    This article provides an overview of the requirements of the Gender Balance on Boards Directive. It also provides some insight into the state of play in Ireland on the question of gender equality at board and senior executive level.

    Corporate & M&A
  • Article

    The intersection between employment and ESG

    While employment related matters are typically considered to fall within the social aspect of ESG, there are some issues that straddle both the social and governance elements of ESG. In this article we focus on two topical employment issues from an ESG perspective – diversity and inclusion and whistleblowing.

    Employment
  • Article

    Unsubstantiated green claims will no longer wash

    This article provides an overview of the key elements of the recently published European Commission's proposal for a Green Claims Directive.

    Disputes
  • article

    CBI issues industry letter in respect of costs and fees of UCITS and AIFs

    The Central Bank of Ireland (CBI) has issued an industry letter highlighting the main findings of its inspection of costs and fees charged to UCITS as part of the European Securities and Markets Authority's (ESMA's) 2021 Common Supervisory Action (CSA). The CBI's findings should be considered in conjunction with ESMA's final report on the CSA.

    Asset Management & Investment Funds
  • Article

    The EU Digital Product Passport: the future of free movement of goods and a sustainable Europe

    Improving transparency on the environmental impact of products, and empowering consumers to make sustainable choices, is a key objective of the European Commission. A significant initiative which will assist in driving this objective is the proposed introduction of Digital Product Passports. Read more in our Publication.

    Disputes
  • Article

    UK Data Protection Reform – new Data Protection and Digital Information Bill published

    UK Data Protection reform is firmly back on the UK Government’s agenda with the introduction of the Data Protection and Digital Information Bill on 8 March 2023. Read more here on the Bill here.

    Belfast
  • Article

    Judgment of the Court of Justice of the European Union clarifying the interpretation of the SEA Directive

    On 9 March 2023, the Court of Justice of the European Union delivered judgment in NJ and OZ v An Bord Pleanála and Others C-9/22 following a reference made by the High Court concerning the interpretation of certain articles of Directive 2001/42/EC (the SEA Directive) and Directive 2011/92, as amended (the EIA Directive). Read more on the judgement here.

    Environmental & Planning
  • publication

    Greenwashing for Investment Funds

    With an increasing regulatory focus on greenwashing practices, in our recent publication we consider recent regulatory developments that will inform future policy making and supervision for funds, and where sustainability-related greenwashing claims might be made in the context of a fund.

    Asset Management & Investment Funds
  • article

    Financial Services Regulation and Compliance - Insurance February 2023

    Domestically, the Personal Injuries Resolution Board Act 2022 was commenced. At European level, EIOPA published a supervisory statement on the use of governance arrangements in third countries to perform functions or activities and it also published a report on insurers' use of climate-related adaptation measures in non-life underwriting practices.

    Financial Regulation
  • article

    Financial Services Regulation and Compliance - Funds February 2023

    Domestically, revised SFDR Level 2 regulations have come into force. The CBI have confirmed the regulatory flexibility measures previously communicated during COVID-19 will not be extended. At European level, the SFDR Level 2 has been updated to include nuclear/gas in accordance with the Complementary Climate Delegated Act. ESMA have updated its Q&As in relation to UCITS and AIFMD.

    Asset Management & Investment Funds
  • article

    Financial Services Regulation and Compliance - Investment Firms February 2023

    Domestically, the CBI has published the Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) (Investment Firms) Regulations 2023 and an addendum to the guidance on the Central Bank Client Asset Requirements. At European level, ESMA published the final report on opinion on the trading venue perimeter.

    Asset Management & Investment Funds
  • article

    Financial Services Regulation and Compliance - General Cross Sectoral February 2023

    Domestically, CBI published a 'Dear CEO' letter setting out the CBI's key regulation and supervisory priorities for 2023 and also updated the Beneficial Ownership Register FAQs. At European level, the European Supervisory Authorities met stakeholders from across the financial sector amid preparations for the Digital Operational Resilience Act.

    Financial Regulation