Asset management and investment funds update

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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 […]

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 […]

Latest Briefings

Investment management, succession planning, philanthropy: the diverse functions of the family office

Wealth is increasing exponentially among some of the world’s richest families, to the extent that, for many of these families, it makes commercial sense to have their own bespoke family office which looks after key operations and functions of the family. These services might include investment management, property management, day to day accounting and payroll […]

The limits of audit: public perceptions and legal realities

By Oliver Passmore, Alex Horsbrugh-Porter Patisserie Valerie Patisserie Valerie entered into administration at the start of this year following the discovery of fraud within the company. It is thought that inflated profit margins and sale figures and thousands of false entries in the company’s ledgers caused the company’s accounts to be overstated by approximately £94m. […]

Spotlight on Uzbekistan: Kinstellar’s regular look at the Uzbek market

By Joel Benjamin, Muborak Kambarova New Law on Tourism On 18 July 2019, the President of Uzbekistan signed a new Law on Tourism. The previous law dates from 1999 and has 22 articles. The new Law contains 45 articles. According to the Law, the State Committee for Tourism Development is an authorized state body in […]

Serbian Banks Embracing Digital Technologies

By Katarina Guduric, Kristina Pavlovic The rapid development of digital technology has brought FinTech to Serbia, and what is certain from the beginning is that it will substantially reshape the interaction between service providers and users. Customer demands for efficiency are about to bring various technological innovations into the industry, which will create new opportunities and accelerate further […]

The new Law on Personal Data Protection – Key Innovations and What you Need to Know

By Milica Filipovic, Sanja Spasenovic Karanović & Partners held a presentation about the new Law on Personal Data Protection on September 18 at our office premises. Senior Associates* Sanja Spasenović and Milica Filipović, lawyers with vast knowledge and experience in data protection matters in Serbia, talked about the key innovations the Law brings. This new piece of legislation stepped into force on 21 […]

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No5 barrister’s success in opposing Rochdale grooming case

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