IFSC.ie Legal Features

High Court Confirms Legal Privilege Attaches to Documents Created in Regulatory Investigations

15/05/2018 - The President of the High Court, Mr Justice Peter Kelly, recently delivered judgment regarding information produced by the respondent, Mr Leslie Buckley, former Chairman of Independent News and Media plc ("INM"), to the Director of Corporate Enforcement (the "Director") over which the respondent had asserted legal privilege.

Proposed Amendment to Meaning of "Credit" in Credit Reporting Act 2013

15/05/2018 - Legislation presented to the Dáil last week proposes to amend the definition of "credit" in the Credit Reporting Act 2013 so that personal contract plans and hire purchase agreements fall within the ambit of that Act.

Report of the Financial Services Ombudsman 2017 – A Summary

15/05/2018 - The Report of the Financial Services Ombudsman (FSO) issued on 29 March 2018. As always, it contains interesting insights on trends and outcomes in FSO complaints.

“Bogus” contracts for service – new law proposed to tackle employment status

01/05/2018 - A new private member's bill, the Prohibition of Bogus Self-Employment Bill 2018 (the Bill), put forward by Solidarity – People Before Profit, was published on 12 March 2018.

EU Fintech Update: Virtual Currencies and Blockchain

01/05/2018 - Recently, the Irish Department of Finance published a Discussion Paper on Virtual Currencies and Blockchain Technology.

European Commission Proposes Legislation to Facilitate Cross-Border Distribution of Funds

01/05/2018 - On 12 March 2018, the European Commission published draft legislative proposals that are aimed at removing certain regulatory and administrative barriers to the cross-border distribution of investment funds within the EU.

Trustees, Directors and Officers of Charities Take Note: New Guidance on Promotion of Political Causes

19/04/2018 - The Charities Regulator has recently published guidance which should be considered by the Trustees and Directors of Irish registered charities before engaging in activities to promote a political cause.

Employment Law in 2018

18/04/2018 - Employment law is constantly evolving and changing. Trends appearing are usually in response to important new case law and legislation, the work of politicians with a particular passion, or in response to global movements.

New Guidelines on Binding Corporate Rules Under the GDPR

04/04/2018 - In order to facilitate the use of Binding Corporate Rules (BCRs) for international transfers of personal data to entities outside of the EU, the Article 29 Working Party (WP29) has issued two new sets of Guidelines on BCRs under the GDPR.

Should Controllers Refresh Existing Consent in light of GDPR?

05/03/2018 - Consent is one of six lawful bases to process personal data. For consent to be valid, it must be:

Data Protection Bill 2018 is mixed bag with concessions for Insurance Industry and Personal Liability for Directors

19/02/2018 - The Data Protection Bill 2018 (the "Bill") was published on 1 February 2018. The Bill, which runs to 132 pages, broadly follows the General Scheme of the Bill which was released in May 2017.

CBI publishes third AML bulletin on the discontinuance of a business relationship

01/02/2018 - In December 2017, the Central Bank published its third Anti-Money Laundering Bulletin.

Irish Merger Control in 2017

01/02/2018 - A&L Goodbody has conducted its annual review of M&A transactions notified to Ireland's Competition and Consumer Protection Commission (CCPC).

Countdown to GDPR: 6 Months to Go

04/01/2018 - There are just 6 months to go until the EU General Data Protection Regulation (GDPR) takes effect across the European Union on 25 May 2018.

High Court affirms it has no jurisdiction to grant an injunction in circumstances where an employee claims to have been unfairly selected for redundancy.

04/01/2018 - In a development that will be of some relief for employers, in Kearney v Byrne Wallace, the High Court has affirmed that it does not have jurisdiction to grant an injunction in circumstances where an employee claims to have been unfairly selected for redundancy.

Appointment of Directors by Shareholders: The Importance of Compliance with Notice Provisions

06/12/2017 - A recent High Court judgment considered the requirements for the valid appointment of directors by Shareholders.

New Bill Proposes to Modernise and Consolidate Irish Anti-Corruption and Bribery Laws

06/12/2017 - On 2 November 2017, the Government published the long-awaited Criminal Justice (Corruption Offences) Bill 2017 (the "Bill").

New Guidelines On Administrative Fines Under GDPR

01/12/2017 - The Article 29 Working Party has published draft guidelines that a supervisory authority (SA) should take into account prior to issuing administrative fines under the General Data Protection Regulation (GDPR).

Stamp Duty – Purchasers Mid Transaction Breathe a Sigh of Relief

15/11/2017 - The Minister for Finance has included transitional measures in the Finance Bill 2017 providing mid transaction stamp duty relief for certain purchasers.

New Legislation to Tackle Cybercrime

02/11/2017 - The growing awareness in recent years of the dangers posed by cybercrime and high-profile incidents such as the WannaCry ransomware attack have brought the issue of cyber attacks into sharp focus

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