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Legal Updates & Insights

  • Article

    Central Bank Publishes New Cross Industry Guidance on IT and Cyber Security Risks

    On 13 September 2016, the Central Bank of Ireland (the CBI) published new guidance on IT risk management and cybersecurity for financial service firms.

    Technology
  • Article

    Free Wifi Providers Not Liable For Users’ Copyright Infringements

    The CJEU has confirmed the AG's Opinion, in McFadden v Sony Music Entertainment Germany (C-484/14), that operators of a free Wi-Fi service, who offer that service to the public, are not liable for copyright infringements committed by users of that network. However, such an operator may be required to password-protect its network in order to bring an end to, or prevent, such infringements.

    Technology
  • Article

    And the whistle is finally blown… First order for interim relief under the Protected Disclosures Act 2014

    Two employees of Lifeline Ambulance Service were dismissed by reason of redundancy in June, 2016. Recently, they secured an interim Order from the Circuit Court (the "Court") directing their continued payment of salary pending the outcome of their respective claims for unfair dismissal before the Workplace Relations Commission (the "WRC").

    Employment
  • Article

    High Court refuses oral hearing of complaint to the Data Protection Commissioner

    In Martin v Data Protection Commissioner [2016] IEHC 479, Mr Martin sought to challenge the Data Protection Commissioner’s (DPC) refusal to investigate disputed facts of his data protection complaint via an oral hearing.

    Technology
  • Article

    Fixed Views on Mobile Mergers?

    EU Competition Commissioner, Margrethe Vestager, gave an interesting perspective on mergers in the mobile phone market in a speech to the Forum for EU-US Legal-Economic Affairs in Paris on 15 September 2016.

    EU, Competition & Procurement
  • Article

    State Aid in Ireland 2016

    Dr Vincent Power, Partner and Head of A&L Goodbody's EU, Competition & Procurement Group provides an overview of State Aid law and policy in Ireland. This article was first published in State Aid 2016 by Getting the Deal Through.

    EU, Competition & Procurement
  • Article

    Top Eleven Key Questions for CEOs, General Counsel and Executives on Brexit Evaluation and Planning for Businesses

    While each company and organisation has its own specific needs relating to Brexit, there are eleven key questions, from the legal perspective, which every CEO, General Counsel and executive should ask. These questions should be asked periodically throughout what is going to be a long Brexit process spanning not only the negotiation of the exit arrangements but also its implementation process which

    Brexit
  • Article

    Court Affirms Central Bank’s Powers to Conduct Inquiries

    The High Court recently published its judgment in the case of Purcell v Central Bank of Ireland & Ors. The proceedings relate to a challenge to the Central Bank's powers to conduct an inquiry as part of an administrative sanctions procedure pursuant to Part III C of the Central Bank Act, 1942 (as amended).

    Financial Regulation
  • Article

    Financial Litigation Update - Enforcement Difficulties

    This update reviews four recent decisions of the courts which are of considerable significance for parties seeking to enforce loan agreements.

    Financial Regulation
  • Article

    Brexit and trade agreements – What is the legal basis for the negotiations by the EU with the UK?

    When the EU and UK diplomats eventually begin talks on the post-Brexit trading relationship, the structure and possibly outcome of those talks will, at least in part, be affected by the legal basis on which the EU negotiates trade agreements with third countries. While Ireland will seek to actively engage with the EU institutions to outline issues directly affecting Ireland

    Brexit
  • Article

    Implications of Brexit for Irish Occupational Pension Schemes

    It is not clear that there will be any immediate significant legal implications for Irish occupational pension schemes of the UK exiting the EU. However, the effect on the investment market and the continued uncertainty around Brexit is likely to have more immediate and significant consequences for Irish defined benefit schemes and their sponsoring employers.

    Brexit
  • Article

    European Commission Publishes useful statistics on Competition Cartel Cases

    The European Commission's Directorate General for Competition has published a very useful document setting out statistics on EU cartel investigations. The document includes even the recent Trucks case which involved the highest ever individual fines (on Daimler and DAF).

    EU, Competition & Procurement