IFSC.ie Legal Features

Data Breach Claims: UK Court seek evidence of credible harm caused - a welcome trend in the assessment of non-material damages

25/11/2021 - Since the introduction of GDPR and Article 82(1) GDPR which introduced the concept of non-material damages for an infringement of this Regulation, practitioners have struggled to interpret the provision and if any threshold was required to succeed with a ‘data breach claim’.

Ireland Launches Intellectual Property and Technology Court and Reforms IP Disputes Procedures

25/11/2021 - A new division of Ireland's Commercial Court dedicated to intellectual property cases and disputes about complex technology has been established under a revised Order 63A of the Rules of the Superior Courts (revised Rules).

The Corporate Enforcement Authority – A Milestone in Corporate Enforcement in Ireland

25/11/2021 - The Companies (Corporate Enforcement Authority) Bill 2021 (Bill) is currently progressing through the Houses of the Oireachtas.

The Corporate Enforcement Authority Bill

01/11/2021 - It took almost three years, but the Companies (Corporate Enforcement Authority) Bill 2021 (the Bill) was finally published in September. There are no real surprises in the Bill, which broadly mirrors the General Scheme published in December 2018.

Walking Away From Loyalty Penalties – the End for Differential Pricing?

01/11/2021 - In its review of differential pricing (Review), the Central Bank of Ireland (CBI) has proposed that the practice of "price walking", whereby customers are in effect penalised for not walking away from their insurer after a year of coverage, is abolished.

Asset Management & Investment Funds: Irish Practice Developments - Sept 2021

04/10/2021 - Changes to CBI's list of PCFs will impact RFSPs, INEDs, Head of AML/ CTF roles

Corporate Transactions - Proposed Amendments to Companies Act, 2014

30/09/2021 - The Companies (Corporate Enforcement Authority) Bill, 2021 has now been published.

Perjury is now a statutory offence: What impact has this for businesses?

30/09/2021 - The Criminal Justice (Perjury and Related Offences) Act 2021 (Act) came into operation on 28 July 2021.

The Residential Tenancies (No. 2) Act 2021

26/08/2021 - President Higgins signed the Residential Tenancies (No.2) Act 2021 (the “2021 Act”) into law on 9 July 2021. The 2021 Act extends the temporary protection put in place to protect tenants who have been financially impacted by Covid-19 in addition to more significant and longer-term changes to landlord and tenant law.

Chambers Global Practice Guide 2021: Aviation Finance & Leasing

24/08/2021 - The 2021 Aviation Finance & Leasing Guide provides expert legal commentary on the latest issues for businesses and it also covers important developments in the most significant jurisdictions.

Narrowing the Gap – Gender Pay Gap Reporting set to Become Law

24/08/2021 - Mandatory gender pay gap reporting is set to become a legal requirement in Ireland.

SCARP Bill passes through Oireachtas

29/07/2021 - The Companies (Rescue Process for Small and Micro Companies) Bill 2021 (Bill) detailing the government's proposed rescue process for small and micro companies (SCARP) has successfully passed through the Oireachtas and is expected to be signed into law shortly by the President. The legislation will be commenced at a future date by the Minister.

The Lugano clock has stalled: What now for dispute resolution clauses?

29/07/2021 - Since 1 January 2021, Regulation (EU) 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels Recast) and the 2007 Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Lugano Convention) no longer apply to the UK.

New stamp duty rate for bulk -purchases of residential properties

27/07/2021 - On 19 May 2021, the Irish legislature passed a financial resolution introducing a new stamp duty rate of 10% targeted at the “bulk buying” of certain residential units.

Update: Introduction of Statutory Sick Pay - What Employers Need to Know

27/07/2021 - The Irish government's Summer Legislative Programme 2021 prioritised the introduction of a statutory sick pay scheme for Ireland and on 9 June 2021, the government announced its approval for the drafting of the General Scheme of the Sick Leave Bill 2021 (the Bill).

Bringing Crypto-Assets into its Regulatory Web: Draft EU Markets in Crypto-Assets Regulation

07/07/2021 - After months of parabolic gains, recent turbulent events have shook the cryptocurrency market.

Regulatory Focus on Property Funds

07/07/2021 - In the first quarter of 2021 and of relevance to Irish regulated property funds, the following were published by the Central Bank:

COVID-19 related extensions to planning permissions

29/06/2021 - The Planning and Development (Amendment) (No. 3) Bill 2021 is being expedited through the legislative process. It will provide for extensions to a number of time limits, including for the passing of development plans. Importantly however it will also allow for extensions, or additional extensions, to existing planning permissions to allow projects be completed.

White Collar Crime: Proposed modernisation of the Irish criminal justice system

29/06/2021 - Reform of the Irish criminal justice system, through the actions outlined in the Government's Action Plan to tackle White Collar Crime and the Justice Plan 2021, has gathered pace in recent weeks with the announcement two significant changes to the investigation and prosecution of criminal offences.

Gender Pay Gap Reporting : Spring 2021 Update

27/05/2021 - The introduction of gender pay gap legislation in Ireland was well underway up until the COVID-19 pandemic struck in 2020. The Gender Pay Gap Information Bill (the Bill) is now back on the agenda. Cabinet approval has been given to amend the Bill and to introduce a strengthened bill.

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