vLex Ireland

The National Cyber Security Centre for Ireland has published new guidance which sets out how people working from home as part of the fight against COVID-19 can protect themselves from cyberattacks while staying connected. Details of the guidance issued can be found here.

The Data Protection Commission has published a report on the use of cookies and other tracking technologies. Alongside the report, the DPC published new guidance for data controllers and will allow a six-month time period for compliance, after which action up to and including enforcement action will be considered. View report. View guidance.

Ireland’s Data Protection Commission has issued advice on protecting data privacy when using videoconferencing. Organizations should: Use contracted service providers for work-related communications. Ensure you are happy with the privacy and security features of the services you ask employees to use. Ensure that employees use work accounts, email addresses, phone numbers, etc., where possible, for... (See Article)

The Revenue Commissioners of Ireland have said that where a departure from the State is prevented due to COVID-19, Revenue will consider this ‘force majeure’ for the purpose of establishing an individual’s tax residence position. This will have potential impact for persons who are domiciled abroad for tax purposes.View latest guidance.

The Irish Courts Service has published a notice for practitioners and members of the public requiring services from court offices in respect of criminal, family law and civil law business during the Covid-19 pandemic. View here.

Ireland’s Data Protection Commission weighs in on the issue of COVID-19 and data access requests: “The Data Protection Commission acknowledges the significant impact of the Covid-19 health crisis which may affect organisations’ ability to action GDPR requests from individuals, such as access requests. While the statutory obligations cannot be waived, should a complaint be made... (See Article)

The Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 was signed into law by President Michael D. Higgins on Friday 20th March 2020. The full text of the primary legislation will be available here shortly.

On Monday, March 16th, 2020, the U.S. will be extending the March 13th, 2020 “European Travel Ban” to certain foreign nationals who have been in the United Kingdom and Ireland for 14 days prior to boarding.  These two countries were previously exempted from the Wednesday, March 11th Presidential Proclamation (the “First Proclamation”). Exceptions and Limitations to the Coronavirus... (See Article)

In summary, and in edition to other measures announced by the Government, no business will be forced out of their premises if they miss a payment in the next three months (currently up to 30 June 2020 but there will be an option for the Government to extend this). This measure applies to all commercial... (See Article)

The emergency legislation regarding Covid-19 will be considered by Seanad Éireann before the weekend of 28th/29th March. The bill is expected to be signed into law shortly after. Details of the bill can be found here.

The essence of any contract is that the parties make a bargain involving mutual commitments. A decision by one or more parties not to honor any of those commitments, or the objective inability to do so, can thus lead to contractual disputes. COVID-19, categorized as a global pandemic by the WHO since 11 March 2020, has significantly affected an array of commercial contracts: interrupting supply lines, halting construction works and generally destabilizing business. It is clear that the occurrence of the virus was unforeseeable, unforeseen and is outside of the control of contractual parties. In common law jurisdictions like Ireland, the law approaches situations like these in two main ways. (See Article)

The Irish Courts Service has published statements from the Presidents of each courts jurisdiction. This details Court arrangements for litigation during the current period in the light of the Covid-19 pandemic. Details of each Court's arrangements can be found here. Statements by Presidents of each Court.

On Monday, March 16th, 2020, the U.S. will be extending the March 13th, 2020 “European Travel Ban” to certain foreign nationals who have been in the United Kingdom and Ireland for 14 days prior to boarding.  These two countries were previously exempted from the Wednesday, March 11th Presidential Proclamation (the “First Proclamation.”) Exceptions and Limitations... (See Article)

I. Introduction - As a common law jurisdiction, Ireland’s legal system is similar to that of the US and the UK and businesses can be carried on in Ireland in several different ways, including as sole traders, partnerships or companies. Companies - A company is a body formed and registered under the Companies Act 2014, which has legal personality separate and distinct from its shareholders. There are various types of companies and each has its own distinct advantages and disadvantages... Please see full Chapter below for more information. (See Article)

Rod Kight compares and contrasts the EU and US regulatory regimes for CBD at Europe Canna Expo-Dublin. I had a great experience in Dublin speaking at the Europe Cann Expo (ECE). Held last week, it was the first major cannabis conference to be hosted in Ireland. Although ECE is a pan-European conference, Ireland featured heavily... (See Article)

Effective Monday, March 16, 2020, 11:59 p.m. EST, the U.S. will extend the same travel restrictions to the U.K. and Ireland as are already in effect for other European countries, China and Iran. The Department of Homeland Security also issued a Fact Sheet outlining the return process for persons affected by the March 11 presidential... (See Article)

Luxembourg- Employers should NOT: •require that employees communicate to them daily a statement of their body temperature or fill out medical sheets or questionnaires •have visitors or other external persons sign a declaration by which they certify that they have no symptoms of the coronavirus or that they have not recently traveled to a risk zone, etc... (See Article)

Report on Supply Chain Compliance 3, no. 5 (March 5, 2020) - On Feb. 3, Facebook Inc. informed the Irish Data Protection Commission (DPC) that it would be rolling out a new dating service Feb. 14. The DPC was concerned about lack of information regarding the service and the fact that Facebook had not conducted a data protection impact assessment in order to assess any risks. (See Article)

The spread of the novel coronavirus (COVID-19) across the globe remains a significant concern in the workplace. Employers are confronting difficult questions regarding how to handle safety and health rules, travel restrictions, compensation, immigration, and other employment issues. (See Article)

Below is the Federal Policy team’s weekly preview, posted when Congress is in session. HEADLINES • After passing emergency funding to respond to the coronavirus, Washington is now turning to potential measures to bolster the economy – as equity markets opened Monday plummeting 7 percent before trading was halted. • President Donald Trump will meet... (See Article)

Report on Supply Chain Compliance 3, no. 4 (February 20, 2020) - After a number of complaints regarding Google‘s processing of location data, the Irish Data Protection Commission opened an investigation into whether or not Google “has a valid legal basis for processing the location data of its users and whether it meets its obligations as a data controller with regard to transparency.” (See Article)

The Food Safety Authority of Ireland (FSAI) issued an average of two alerts per week in 2019 about products subject to withdrawal or recall. This past year, a 107 alerts were issued made up of 55 food alerts and 52 food allergen alerts compared to 56 and 46, respectively in 2018. Food alerts relate to... (See Article)

Welcome to our inaugural edition of the Republic of Labour Law, a monthly newsletter in which we distill the most important Irish legal and HR updates from the last month in 500 words or less. (See Article)

Don’t miss our annual Privacy Summit, scheduled for April 16. This information-packed, daylong event will bring you fully up to date on the latest, emerging issues in cybersecurity and data privacy.  The program kicks off with keynote speaker Leslie Ireland — former Assistant Secretary for Intelligence and Analysis, U.S. Department of the Treasury, and National... (See Article)

European Union Data Protection Authorities discussed enforcement priorities at the International Association of Privacy Professionals (IAPP) Data Protection Intensive. Key takeaways: CNIL: Online advertising and cookies are a focus right now. Ireland DPC: currently handling 10,000 complaints with 23 investigations into so-called big tech companies, and two investigations at the decision-making stage. An area of... (See Article)

The Food Standards Agency (FSA), which regulates foods and food businesses in England, Wales and Northern Ireland, yesterday issued its long awaited statement on CBD in foods. In January 2019, the European Commission updated the Novel Food Catalogue to state that extracts of Cannabis sativa L. and derived products containing cannabinoids are considered as novel... (See Article)

Ireland’s Data Protection Commission has published guidance on data security. Key Takeaways- The most effective means of mitigating the risk of lost or stolen personal data is not to hold the data in the first place. (See Article)

Weekly Focus Replies to Motions for Summary Judgments filed in SEC v. Telegram Cases Consolidated in Class Action Suit Against iFinex Inc Bittrex Introduces Insurance Coverage Research Report Finds the Number of Cryptocurrency Scams Rose in 2019 Research Report Indicates Regulatory Uncertainty a Barrier for Digital Asset Companies Coinbase Custody Launches in Ireland Cambodia Announces... (See Article)

Are opinions about someone personal data? Ireland’s Data Protection Commission explains. Key takeaways: An opinion can include personal data. If the opinion is not recorded — GDPR does not apply. If made or recorded for someone’s “purely personal or household” activities, with no connection to a professional or commercial activity, GDPR doesn’t apply. GDPR may... (See Article)

Supreme Court Confirms When an Employee is Entitled to Legal Representation - Precedential Decision by Judiciary or Regulatory Agency - On November 11, 2019, the Supreme Court upheld last year's decision of the Court of Appeal in the case of Iarnród Éireann/Irish Rail v Barry McKelvey. (See Article)