IFSC.ie Legal Features

The Copyright and Other Intellectual Property Law Provisions Act 2019 has Now Been Commenced

05/12/2019 - The Act which makes a number of significant amendments to the Irish Copyright and Related Rights Act 2000 (the "Copyright Act") was signed into law back on 26 June 2019

Can you bring a lawyer to a disciplinary hearing? The Supreme Court has the final word

26/11/2019 - In a much anticipated judgment, McKelvey v Irish Rail, the Supreme Court has brought welcome clarity to the legal position regarding the right of an employee to be accompanied by a legal representative at a disciplinary hearing.

Corporate crime: more tools needed in DPP's toolbox?

26/11/2019 - Ireland has a robust regime for investigating and prosecuting corporate misconduct that helps maintain its reputation as a low-risk country in which to do business.

Defamation by Hyperlink

19/11/2019 - Defamation by means of hyperlink may be a relatively new concept, however the importance of this topic has grown exponentially due to the manner in which we interact with the internet today.

GDPR – Update for Pension Trustees

31/10/2019 - Prior to the GDPR compliance deadline of 25 May 2018, trustees and their advisors undertook the preparatory work necessary to ensure complaint arrangements were in place, in good time, ahead of the deadline.

SEAR: Part of an international drive for greater individual accountability?

31/10/2019 - Global trend - The past decade has seen a marked and continuing shift in global focus towards greater accountability and responsibility for decision making in the financial sector - no doubt influenced by the fallout of financial crisis.

Fitness & Probity: Central Bank's Expectations of Regulated Financial Service Firms

20/09/2019 - Following on from our briefing on the Dear CEO letter (the "Letter") of 8 April 2019 issued by the Central Bank of Ireland (the "Central Bank"), this article looks at employer's obligations throughout the lifecycle of employees holding Controlled Functions ("CF") or Pre-Approval Controlled Functions ("PCF") (a subset of CFs).

Brexit Planning – Seconding staff from the UK to Ireland

26/08/2019 - With the prospect of a "hard" Brexit on the horizon, many regulated financial services providers based in the UK are continuing to look at business solutions to manage the loss of passporting rights.

Is a No-Deal Brexit Inevitable?

26/08/2019 - No. There is a great deal of commentary that a No-Deal Brexit (NDB) on 31 October 2019 is inevitable.

Legislation to improve transparency and accountability in the financial sector.

01/08/2019 - The Department of Finance recently received approval from Cabinet to draft the heads of a Central Bank (Amendment) Bill. Minister for Finance, Paschal Donohoe, has stated his intention to publish the heads of this Bill before the end of 2019.

Reasonable Accommodation – How Far Do Employers Need To Go?

01/08/2019 - Two recent decisions of the Workplace Relations Commission (the WRC) serve as a useful reminder to employers on how best to provide for an employee or candidate for employment who may require accommodation and guidance to employers on what 'reasonable accommodation' really means.

Landmark EU case puts proper tracking of employees’ working hours top of the agenda

27/06/2019 - This decision clarified that all employers must have a suitable system in place to ensure they are recording employees’ daily and weekly working hours.

After GDPR, a new regulation to provide for free movement of non-personal data

21/05/2019 - Regulation (EU) 2018/1807 of the European Parliament and of the Council of 14 November 2018 on a framework for the free flow of non-personal data in the European Union (the Regulation) is the follow up to the General Data Protection Regulation (GDPR) and is another major pillar in the EU's drive to create a "Digital Single Market" (the Digital Single Market). It will come into force in May 2019.

Deputy Data Protection Commissioners discuss GDPR implementation with Oireachtas Committee

30/04/2019 - On 3 April 2019, the Joint Committee on Justice and Equality met to discuss the implementation of the GDPR with Ms Anna Morgan (Deputy Commissioner), Ms Jennifer O’Sullivan (Deputy Commissioner), and Mr Cathal Ryan (Assistant Commissioner).

New Beneficial Ownership Rules – What are the Facts?

11/04/2019 - The European Union (Anti-Money Laundering: Beneficial Ownership of Corporate Entities) Regulations 2019 (the "2019 Regulations") were signed on 22 March 2019.

Irish Businesses Face Higher EU Dawn Raid Risk Post-Brexit

26/03/2019 - The European Commission regularly "dawn raids" businesses across the European Union (EU) to try to uncover evidence of anti-competitive deals, abuse of dominance and unlawful State aid.

Oppression Must be Conceded Before Court Will Sanction Independent Valuation of Shares

15/03/2019 - A recent High Court case, Harrington v Harrington & another, [2018] IEHC 751, has provided some guidance to shareholders and companies in relation to litigation under Section 212 of the Companies Act 2014 ("Section 212").

Brexit: Irish subsidiaries of UK firms warned of more dawn raids

26/02/2019 - One of the unforeseen consequences of Brexit is that Irish businesses could be subject to more competition dawn raids by the European Commission as the option of conducting these unannounced inspections in the UK is blocked off by the UK leaving the European Union.

Charities VAT Compensation Scheme – A General Guide

13/02/2019 - While charities in Ireland can qualify for a broad range of tax exemptions, they have no general exemption from VAT.

Irish Government Proposals for Insurance Sector in No-Deal Brexit Scenario

13/02/2019 - On 24 January 2019, the Irish Government published the general scheme of the 'Miscellaneous Provisions (Withdrawal of the United Kingdom from the European Union on 29 March 2019) Bill 2019' (the "Scheme").

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