Processing Covid-19 vaccination data in the workplace

As the National COVID-19 Vaccination Strategy in Ireland gathers pace, employers are frequently asking whether they can make decisions on who returns to work and when based on an employee’s vaccination status. Employers, in particular, continue to ask whether they can lawfully collect and process information about the vaccination status of their employees. In this client update, we explain the key considerations.

Related briefings

Updates to European facilities agent requirements

In July 2019, the European Commission’s new framework for cross-border distributions of investment funds entered into force and will apply in each EU Member state by 2 August 2021. The overall framework represents an overhaul of the current rules on cross-border distribution of both UCITS and alternative investment funds (AIFs).

New Irish legislation on individual accountability

On 27 July 2021, the General Scheme of the Central Bank (Individual Accountability) Bill was published. The bill will introduce a new legislative framework to improve individual accountability in the financial sector, known collectively as the “Individual Accountability Framework”.

European Commission replies on SFDR priority issues

In January of this year, the European Supervisory Authorities (ESA) issued a letter to the European Commission seeking interpretative clarity on certain priority issues of Regulation (EU) 2019/2088 of the European Parliament and of the Council of 27 November 2019 on sustainability related disclosures in the financial services sector (SFDR). The European Commission has now published (26 July 2021) its long-awaited reply to the ESA letter in a Q&A format.

New EU rules in force: pre-marketing and de-registration of UCITs and AIFs

From 2 August 2021, a new EU Directive and Regulation on the cross-border distribution of collective investment funds are required to be implemented in EU Member States. Among other things, the new rules amend AIFMD with the objective of harmonising the ability for EU AIFMs to distribute AIFs across the EU, including by introducing a new regime for ‘pre-marketing’.

Cayman Islands: Private Funds Fund Annual Return form released

On 30 June 2021, the Cayman Islands Government published the International Tax Co-operation (Economic Substance) (Amendment of Schedule) Regulations, 20211. The main change to the regulations is the addition of partnerships to the definition of a ‘relevant entity’. The categories of relevant activities and exempted activities remain unchanged.

Latest Briefings

Cartels and the construction sector: Levelling up and screwing down

In recent years, the UK’s construction sector has not had a happy track record with respect to competition law enforcement, where the Competition and Markets Authority has fined construction companies a total of £67 million across five cases. Of particular significance is the increased focus on individual responsibility, as these cases also led to the disqualification of 11 directors and two criminal convictions.

Snapshot: Enforcement of foreign arbitral awards in the Cayman Islands

Foreign arbitral awards may be enforced relatively quickly and easily in the Cayman Islands and the Cayman Islands courts are willing to assist with the recovery of judgment debts. This Snapshot provides an overview of the recognition process and the steps that are then available for enforcement.

Jersey Royal Court concludes there is no substratum rule that applies to Jersey trusts

The Royal Court has recently clarified the Jersey law position of whether a trust is able to lose its substratum. Following analysis of the recent decision of the Bermuda Court of Appeal in Grand View Private Trust Company Limited v Wong & Ors, the Royal Court concluded that there was no substratum rule which applied to Jersey trusts and that powers of addition or exclusion contained within Jersey trusts should be given their natural meaning.

Working with AI

On 23 September 2021 Shoosmiths hosted its latest IHL webinar on working with AI: the key types, implementing AI and what the future might bring. Ian Blackwell represented Next Retail Ltd on the panel, alongside Simon McArdle and Sebastian Price, Commercial Partners at Shoosmiths.

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