Central Bank outlines expectations for Irish insurance intermediaries on Brexit

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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…

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SmartLaw 2.0 – The new future of law

By Brett Chalmers A few years ago, George Beaton published an influential e-book, NewLaw New Rules: A Conversation About the Future of the Legal Services Industry, that pulled together comments and responses he received from numerous legal thought leaders and experts about his NewLaw-focused blog post. The publication compared BigLaw, the traditional partnership-and-hourly-rates model, with NewLaw, an […]

Supreme Court supports disqualification under IBC, but protects interest of homebuyers

By Prateek Kumar, Sahil Narang, Raveena Rai The corporate insolvency resolution process (CIRP) against Jaiprakash Infratech Limited (JIL) commenced when the National Company Law Tribunal, Allahabad (NCLT) passed an order dated 09.08.2017 admitting the petition of IDBI Bank Limited under Section 7 of the Insolvency and Bankruptcy Code 2016 (IBC). Home buyers who had invested in […]

Austria – Commercial agent’s trial for trial period compensation

By Andreas Natterer, Sara Khalil Earlier this year, the ECJ ruled that commercial agents are generally entitled to compensation, even if the distribution agreement was terminated during a trial period. The ECJ’s decision (C-645/16) was preceded by the French Cour de Cassation’s request for a preliminary ruling on whether Art. 17 of Directive 86/653/EEC applies if the commercial […]

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Wolf Theiss strengthens data protection practice with new hires

After the addition of Partner Maria Maxim who joined Wolf Theiss in September 2017 as the coordinator of the Data Protection and TMT (Telecommunication, Media & Technology) practices in Bucharest, Wolf Theiss has recently strengthened its local team with the following new hires. Bogdan Arsene, an associate attorney with almost 10 years of experience, Bogdan […]

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