Advocate General finds a pre-ticked checkbox does not constitute valid consent for cookies

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The Advocate General of the Court of Justice of the EU (CJEU) has delivered an Opinion in the Planet49 case (Case C-673/17), finding that a pre-ticked checkbox giving consent for cookies does not constitute valid consent under the e-Privacy Directive 2002/58 read in conjunction with the Data Protection Directive 95/46 or the GDPR. Facts In order to participate in a lottery organised by Planet...

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Taxing Master to reconsider Attendance Fees in light of Court of Appeal guidance

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In Brehony v. Longford Westmeath Farmers Mart Limited [2019] IECA 60 the Court of Appeal held that a High Court Judge was in error in holding that there was no error in principle in the Taxing Master using an instruction free to "equalise" an Attendance Fee which was provided for in the Rules of the Superior Courts. The matter was remitted to the Taxing Master to reconsider the proper level...

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New Beneficial Ownership Regulations affecting corporate entities are now in force

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The European Union (Anti-Money Laundering: Beneficial Ownership of Corporate Entities) Regulations 2019 (the 2019 Regulations) came into force on 22 March 2019, save for Part 3. Part 3 concerns the new Central Register of Beneficial Ownership. It will become operative on 22 June 2019.  The existing regulations in this area, the European Union (Anti-Money Laundering: Beneficial Ownership of Cor...

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Brexit: Words Matter

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Lawyers are often criticised for fretting over words. They are also often condemned for using too many words. The current debate in the House of Commons over Brexit clearly demonstrates how words matter and how there can sometimes be a difficulty because too few words are used. The question posed to the electorate in the UK and Gibraltar on 23 June 2016 was a choice between two words: “remain” a

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Government consults on new Online Safety Act

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On 4 March 2019, Minister Richard Bruton TD announced that he will introduce an Online Safety Act to regulate harmful content online and ensure children are safe online.  The Act will also implement the revised Audiovisual Media Services (AVMS) Directive (which Member States are required to implement by 19 September 2020).  The Minister stated that the era of self-regulation in regard to online...

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