IFSC.ie Legal Features

ESMA Publishes Guidelines On SFTR Reporting

07/02/2020 - On 6 January 2020, ESMA published a Final Report incorporating guidelines on the reporting obligation of counterparties to securities financing transactions (SFTs) under the Securities Financing Transaction Regulation (EU 2015/2365) (SFTR) (the Guidelines).

Partnerships and Limited Partnerships subject to Companies Act, 2014 Accounts and Returns Regime

07/02/2020 - Partners in ordinary general partnerships and in limited partnerships should be cognisant of the European Union (Qualifying Partnerships: Accounting and Auditing) Regulations, 2019.

Employment Law : Tackling Work Related Stress

28/01/2020 - A common issue that arises for Irish employers is dealing with and managing employees who are suffering from alleged work related stress.

Euronext Growth Designation as an SME Growth Market

28/01/2020 - Euronext Growth, the secondary market for equities listed in Ireland, has been designated as an SME Growth Market for the purposes of the Markets in Financial Instruments Directive II (2014/65/EU) (MiFID II).

New Central Bank Guidelines on Administrative Sanctions

03/01/2020 - The Enforcement Directorate of the Central Bank of Ireland has published new guide to sanctions imposed under the Administrative Sanctions Procedure (ASP).

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.

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