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ECJ clarifies ambiguity around EU Design Protection Exemption

By David Cullen The European Court of Justice (ECJ) has clarified the ambiguity which has surrounded the interpretation of Article 8 of the Community Design Regulation (EC) no 6/2002 (CDR); the provision which excludes from design protection those design features which are dictated solely by technical function. The ECJ’s decision in Doceram v CeramTec (C-395/16), a […]

GDPR- A door to privacy class actions suits in Ireland

By Kellie O’Flynn With the EU General Data Protection Regulation (GDPR) now in effect, one of the emerging considerations is whether its provisions – specifically Article 80 – open the door to ‘class action’ style privacy cases. Several European countries have already legislated for varying degrees of collective actions, particularly in the area of consumer protection, […]

New Data Protection Act 2018 allows access to court records to media

By Owen O’Sullivan, Richard Breen, Lisa Carty One of the many implications of the new Data Protection Act 2018 is that pursuant to section 159 of the Act the rules of the courts (at all levels) have been changed to allow access to court records for bona fide members of the press or broadcast media. Although the media […]

Ireland: new Coroners Bill aims to modernise the law and address maternal deaths

The Minister for Justice and Equality, Charlie Flanagan, published the Coroners (Amendment) Bill 2018 on 2 August 2018 with the aim of significantly clarifying, strengthening and modernising the law relating to the reporting of deaths to coroners. The Bill, once enacted, will amend the Coroners Act 1962. The Bill allows for a wider scope of […]

Use of behavioural biometrics brings privacy issues under GDPR

By Alex Towers With cybertheft and data breaches becoming an increasingly common occurrence, the need to rapidly and accurately identify fraud has driven the development of behavioural biometrics as a means to target automated attacks and suspicious transactions. However, for the technology to function, companies must amass libraries of biometric personal data to construct profiles…

Supreme Court rules a ‘right to litigate’ cannot be assigned to a third party

By Rebecca MacCann What happens if you assign your right to litigate to a person or company that is unconnected to the event that creates the right to litigate? In the recent Supreme Court case of SPV Osus Ltd v­ HSBC Institutional Trust Services (Ireland) Limited & Ors [2018] IESC 44, the Supreme Court held […]

M&A activity in Ireland valued at €70.9bn in first half of 2018

The first six months of 2018 have been notably buoyant for Ireland’s mergers and acquisitions (M&A) market. Dealmakers were kept busy with a pipeline of transactions, in a continuation of the active market that was evident last year…

Asset management and investment funds update

On 30 July 2018, ESMA published its final report following its peer review of the compliance and supervisory framework of six national competent authorities (NCAs) with aspects of the UCITS framework for Efficient Portfolio Management (EPM). The review covered the NCAs for Ireland, the UK, Luxembourg, Germany, France and Estonia and was limited to assessment […]

Tax strategy papers – A glimpse of the future for Irish corporation tax

The Department of Finance has published its Budget 2019 Tax Strategy Group (“TSG”) (“the Group”) Papers. The Group is chaired by the Department of Finance. It members include senior officials and political advisers from a number of Civil Service Departments and Offices. It does not have decision making powers and so its papers outline a […]

How many filters does it take to get the London look?

By Anna Ní Uiginn Dublin­based beauty blogger Rosie Connolly has recently become the first online ‘influencer’ to have a complaint against her upheld by the ASAI. The advertisement to which the complaint related (the Advertisement) was featured on the official Facebook and Instagram profiles of both Rosie Connolly and Rimmel. It promoted Rimmel’s new ‘Lasting Finish […]

Artificial Intelligence in the Workplace (Part 3) – AI and gender equality

By Darran Brennan and Catherine O’Flynn In our Artificial Intelligence (AI) in the Workplace article series we are considering the potential positive impacts that AI could have on the workplace and the possible amendments required to Irish employment law to allow these to happen. In our opening article in the series we identified gender inequality […]

Criminal Justice (Corruption Offences) Act 2018 comes into force – management beware

By Gerard James The much anticipated Criminal Justice (Corruption Offences) Act 2018 (the “Act”) was commenced on 30 July 2018. The Act was signed into law by President Higgins on 5 June 2018. The Act overhauls Ireland’s existing anti­corruption legislation and brings it into line with international best standards…

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