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Legal Updates & Insights

  • Article

    Transfers of Value go public on 1 July 2016

    All Transfers of Value (ToV) from 2015 must be disclosed publicly via the Irish Pharmaceutical Healthcare Association (IPHA) central reporting system by 1 July 2016. This relates to all ToVs that were made by pharmaceutical companies to Healthcare Providers (HCPs) and Healthcare Organisations (HCOs) in connection with the development and sale of prescription only medicinal products for human use.

    Hospitals & Healthcare
  • Article

    Detailed Analysis of UCITS Remuneration Provisions

    On 23 July 2015 the European Securities and Markets Authority (ESMA) published a consultation paper in respect of its guidelines on sound remuneration policies under the UCITS Directive and AIFMD (the CP). This consultation closed in October 2015.

    Asset Management & Investment Funds
  • Article

    European Commission approves acquisition of Dundrum Town Centre Assets by Hammerson and Allianz

    While executives are very familiar with the concept of securing merger control approval for the acquisition of companies, there are situations where the acquisition of assets (such as property) may require prior approval by the competition agencies.

    EU, Competition & Procurement
  • Article

    Competition Law in the Online Environment

    European Court hands down preliminary ruling on anti-competitive concerted practices in the context of online selling platforms - Case C‑ 74/14, Eturas and Others.

    Technology
  • Article

    The Need for Speed - Analysing the time limit for defamation cases

    Irish defamation claims must be brought quickly or they will become time barred. Proceedings must be issued within a year of the publication of the defamatory statement. In "exceptional circumstances" this period can be extended to two years.

    Disputes
  • Article

    Data Protection Commissioner outlines priorities for 2016 – National Data Protection Conference

    Commissioner Dixon gave a report on the work of the Office of the Data Protection Commissioner (ODPC) for the year 2015, and outlined the priorities of her office for 2016 in a presentation to delegates attending the National Data Protection Conference

    Technology
  • Article

    ESMA Q&A gives detail on the timing of documentation updates for the remuneration and depositary requirements of UCITS V

    On 1 February 2016, the European Securities and Markets Authority (ESMA) published a new Q&A document on the application of the UCITS Directive, as most recently revised by UCITS V.

    Asset Management & Investment Funds
  • Article

    Tracker, Financial Services Regulation & Compliance - Cross Sectoral

    On the Domestic Front: Items including the following - Finance (Tax Appeals) Act 2015 is signed by the President – not yet commenced - Credit Union regulations imposing a limit on individual members' savings are now in force - Central Bank of Ireland publishes the first Quarterly Bulletin for 2016.

    Finance
  • Article

    Tracker, Financial Services Regulation & Compliance - Funds

    On the Domestic Front: The Central Bank published issue 9 of 2015 of its Markets Update. On the EU Front: European Commission publishes letter to ESMA on application of AIFMD passport.

    Finance
  • Article

    Tracker, Financial Services Regulation & Compliance - Investment Firms

    On the EU Front: Items including the following - ESMA Consultation Paper on the development of MiFIR guidelines - ESMA Guidelines on Cross-Selling Practices under MiFID II now applicable.

    Financial Regulation
  • Article

    Tracker, Financial Services Regulation & Compliance - Banking

    On the Domestic Front: Items including the following - Central Bank of Ireland publishes new regulations for firms lending to SMEs - Central Bank of Ireland develops a methodology for a broader examination of tracker mortgage-related issues.

    Finance
  • Article

    Tracker, Financial Services Regulation & Compliance - Insurance

    On the Domestic Front: Items including the following - Central Bank feedback on review of annuity sales process - Central Bank guidance in relation to Fitness and Probity obligations for (re)insurers. On the European Front: Items including the following - Third set of Solvency II Implementing Regulations published - EIOPA Solvency II technical information published.

    Finance