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Legal Updates & Insights

  • article

    IAF update: Seanad committee stage of the IAF Bill

    As previously highlighted, the Central Bank (Individual Accountability Framework) Bill 2022 (IAF Bill) recently passed second stage before the Seanad. The IAF Bill progressed to committee stage before the Seanad last week, where a number of proposed amendments were tabled for consideration. We set out below the amendments considered together with key issues raised upon debate, and next steps.

    Financial Regulation
  • publication

    Digital finance and payments update: European Commission’s sectoral approach

    In her recent speech, "Digital finance and payments: where are we headed", Commissioner McGuinness gives a clear direction of travel on the European Commission's (Commission) approach to this sector.

    Financial Regulation
  • publication

    Sustainability reporting standards series | Part 2 – Preparation, presentation and structure of the sustainability statements

    This standard details the information entities are required to consider when preparing and presenting their sustainability reporting to comply with the obligations introduced by the Corporate Sustainability Reporting Directive. 

    ESG & Sustainability
  • Article

    Where are we now? Ireland’s journey towards implementation of the Collective Redress Directive

    We look at Ireland's journey towards implementation of the Collective Redress Directive and where matters stand at this point in time in 2023.

    Disputes
  • article

    IAF update: Seanad second stage of the IAF Bill

    As previously highlighted, the Central Bank (Individual Accountability Framework) Bill 2022 (IAF Bill) passed the report and final stage before the Dáil last week, where four typographical amendments were agreed. The IAF Bill progressed to second stage before the Seanad this week, and we set out below the key issues raised upon debate.

    ESG & Sustainability
  • article

    EIOPA publishes Supervisory Statement on the use of governance arrangements in third countries 

    On 3 February 2023, EIOPA published a Supervisory Statement on the use of governance arrangements in third countries to perform functions or activities (the Statement). The adoption of the Statement follows a public consultation by EIOPA which took place in 2022.

    Insurance & Reinsurance
  • article

    Financial Services Regulation and Compliance - Insurance January 2023

    Domestically, the CBI published Guidance for (Re)insurance Undertakings on Intragroup Transactions and Exposures. At European level, EIOPA published its Costs and Past Performance Report.

    Financial Regulation
  • article

    Financial Services Regulation and Compliance - Funds January 2023

    Domestically, the CBI has updated its guidance on the beneficial ownership register of CFVs. At European level, the ESMA has published draft RTSs/ITS for cross-border marketing and management of investment funds.

    Asset Management & Investment Funds
  • article

    Financial Services Regulation and Compliance - Investment Firms January 2023

    Domestically, the Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) (Investment Firms) Regulations 2023 were published. At European level, ESMA issues its first Opinion on the draft European Sustainability Reporting Standards and publishes a consultation paper on post-trade transparency.

    Asset Management & Investment Funds
  • article

    Financial Services Regulation and Compliance - General Cross Sectoral January 2023

    Domestically, the Minister for Justice has issued guidelines under section 37 (12) of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010. At European level, the EBA published its peer review on authorisation of payment and e-money institutions under the revised Payment Services Directive (PSD2).

    Financial Regulation
  • article

    Financial Services Regulation and Compliance - Banking January 2023

    Domestically, the Minister for Finance announced the publication of a public consultation on the transposition of the EU credit servicers' and credit purchasers directive. At European level, the ECB published Climate-related statistical indicators.

    Finance
  • Article

    “Justice Best Served” – Data Subject Claims Stayed

    In a recent significant judgment1 from the Irish Circuit Court, the judge concluded that “justice is best served” by granting a stay of a data subject’s damages claim pending determination of certain preliminary references currently before the CJEU.