Ireland: Gig economy turns spotlight on who is really self-employed

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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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Reform of the Community Infrastructure Levy

By Katherine Evans In March we reported on the government’s consultation on the reform of the current system of developer contributions. The government’s response to the consultation, released at the end of October, confirms that change is on the horizon. The key themes of the consultation were centred around a desire to make the system simpler and more […]

Court of Appeal rules on ATM rates

By Şenay Nihat Since 2013, retailers have had to pay non-domestic rates (‘Business Rates’) for automated teller machines (ATMs) built into the front of stores, rather than treating the ATMs as part of the store’s overall rating for valuation purposes. The Business Rates bill for the ATM was backdated to 2010, hitting retailers with significant […]

Proposed ban on flammable cladding – An update

By Adrian Mansbridge Following Dame Hackitt’s Review of the Building Regulations and Fire Safety the government announced that it would consult on banning flammable cladding. The consultation closed on 14 August 2018 and the housing secretary announced at the Conservative Party Conference that the ban would be brought forward.

Minister of Health, Welfare and Sport improves contracting process for healthcare

By Frank John Vrolijk, Aurélie Mingels On 9 November 2018, the Minister of Health, Welfare and Sport (VWS) informed the House of Representatives about the developments regarding the contracting process for care provision. The minister expresses his displeasure at the growth in the supply of non-contracted care in GGZ care and district nursing where this is […]

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