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Legal Updates & Insights

  • article

    European Commission publishes statistics on GDPR enforcement activities

    The European Commission has published an infographic on compliance with and enforcement of the GDPR since from May 2018 to January 2019. The infographic reveals some interesting statistics, including: 95,180 complaints have been made to EU national data protection authorities (DPAs) by individuals who believe their rights under the GDPR have been violated. The majority of these complaints...

    Technology
  • article

    Brexit and the World Trade Organisation

    The current absence of political resolution and the fast-approaching date for Brexit means that there is a heightened chance of a no-deal Brexit. If so, World Trade Organisation rules will govern trade with the UK so what does that mean for businesses in Ireland? Currently, the UK is part of the Single Market and the EU Customs Union.    If there is a no-deal Brexit, EU law will cease to apply...

    Brexit
  • article

    Brexit and Public Procurement

    Companies tendering for public contracts in the UK and Ireland after 29 March 2019 (or such later date if extended) will need to be aware of the changes that Brexit will bring for public procurement. While the public procurement landscape in the UK will not change dramatically in the short term, there will be some changes in practice depending on whether there is a deal or no deal. No Deal...

    Brexit
  • article

    Brexit: Health & Safety Update

    As the UK is expected to leave the EU on 29 March, a number of key areas of concern have emerged in respect of health and safety protections.   Stakeholders in the industry have identified serious consequences for the UK health and safety legal framework if there is a no-deal Brexit. One such area relates to the regulations governing Registration, Evaluation, Authorisation and Restriction of...

    Brexit
  • article

    What is the Backstop?

    The backstop would be a legally binding agreement between the EU and the UK that neither a hard border nor checks will be reintroduced between Northern Ireland and Ireland after the UK leaves the EU (i.e., post-Brexit). Vincent Power explains the term "backstop" which is a central feature of the Brexit negotiations and processes. What is the Backstop? Concept The backstop would be a legally...

    Brexit
  • article

    Changes to Stamp Duty Land Tax (SDLT) Submission Deadline

    The current deadline for submitting a SDLT return and paying the SDLT is 30 days from the effective date of the transaction. From 1 March 2019 this time limit is being reduced to 14 days for all transactions with an "effective date" on or after 1 March 2019. 

    Commercial Property Belfast
  • article

    Financial Services Regulation & Compliance - Cross Sectoral January 2019

    It has been a busy month for cross sectoral updates with the commencement of the Consumer Protection (Regulation of Credit Servicing Firms) Act 2018. We have also seen the publication of the general scheme of the Criminal Justice (Money Laundering and Terrorist Financing)(Amendment) Bill 2019. On the European front the European Banking Authority (EBA) published a report on the results from the...

    Financial Regulation
  • article

    Financial Service Regulation and Compliance - Investment Firms January 2019

    On the domestic front it has been a relatively quiet month, the Central Bank of Ireland published an update to its Q&As on Investment Firms. On the European front ESMA has updated its Q&As on Markets in Financial Instruments Directive (MiFID II) and Regulation (MiFIR). ESMA has also updated its commodity derivatives transitional transparency requirements.

    Financial Regulation
  • article

    Financial Service Regulation and Compliance - Insurance January 2019

    On the domestic front the Financial Services and Pensions Ombudsman published legal binding decisions and the Central Bank of Ireland (CBI) issued a consultation paper on a new levy calculation methodology for insurers. On the European front a proposal for a Directive of European Parliament and of Council amending Directive 2009/138/EC (Solvency II) was published. The European Insura...

    Financial Regulation
  • article

    Financial Service Regulation and Compliance - Funds January 2019

    On the domestic front the Central Bank of Ireland (CBI) launched a consultation relating to new draft Anti-Money Laundering/Countering the Financing of Terrorism (AML/CFT) guidelines for the financial sector. On the European front ESMA and the EU Securities Regulators agree no-deal Brexit memorandum of understanding (MoU).

    Financial Regulation
  • article

    Financial Service Regulation and Compliance - Banking January 2019

    On the domestic front the Department of Finance published a report on Capital Requirements and Macroprudential policy. On the European front we have seen quite a few updates this month. The European Central Bank (ECB) published a single code of conduct for high level officials and monetary policy decisions. The ECB also published a consolidated Guide to assessments of licence applications.

    Financial Regulation
  • article

    Modern Slavery – February Update

    The Modern Slavery Act ("the MSA") is an evolving piece of legislation. In an attempt to develop the legislation, the UK Government announced an independent review of the MSA.  The members of the review have now published their second interim report which addresses the issue of transparency in supply chains. The report makes a number of recommendations which the Government should consider in...

    Pensions & Incentives