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  • Schrems II landmark ruling: our recommendations

    On 16 July 2020, the Court of Justice of the European Union (CJEU) published its decision in the landmark case Data Protection Commissioner v Facebook Ireland Ltd, Maximilian Schrems and intervening parties, Case C-311/18 (known as the Schrems II case).  While the EU-US Privacy Shield (Privacy Shield) has been completely invalidated, the Standard Contractual Clauses...

  • Schrems II judgement due in July – what this might mean for your outsourcing deal

    Just when we thought our summers might have been looking a bit dull, it was announced that the Court of Justice of the European Union (CJEU) will be making its final ruling in Case C-311/18, Data Protection Commissioner v Facebook Ireland & Schrems on 16 July 2020.  This judgement concerns the legality of the European...

  • Tour organisers not liable for ‘White Knuckle Jet Boat Thrill Ride’ injury (Ireland)

    The claimant failed in her damages claim against the organisers of her overseas holiday for an injury to her elbow suffered on a ‘White Knuckle Jet Boat Thrill Ride’ excursion that she had signed up for whilst on a cruise. She failed in her allegations of negligence that, despite the fact that she was aware...

  • The Privacy Officers’ New Year’s Resolutions

    1. Brace yourself (for export turbulence) 2020 could well be a year of data export turmoil – so brace yourself! The Court of Justice of the European Union (CJEU) will determine the validity of the EU Standard Contractual Clauses (SCCs) (Data Protection Commissioner v Facebook Ireland Limited, Maximillan Schrems) whilst the General Court of the...

  • Global Asset Management Quarterly

    The latest issue of Global Asset Management Quarterly is now available here. In this issue we cover: Sustainable finance is a trend set to stay Brexit: latest developments Luxemburg update Ireland update The proposed Australian corporate collective investment vehicle SFC raises disclosure requirements for Green or ESG funds Mutual recognition of funds: Netherland – Hong...

  • Insurance: necessary evil or social good?

    In Ireland, AIG recently cancelled the policies of numerous young drivers who persistently exceeded the speed limit.  In New York, property and casualty insurer Lemonade has announced changes to their policies following the tragic Las Vegas massacre.  And in Sweden, Skandia has developed an underwriting model to reduce long-term sick leave for corporates. What do...

  • European Commission confirms unannounced inspections of Irish motor insurance providers

    Following the Financial Conduct Authority (FCA) raids on aviation insurance brokers in London, the European Commission, in cooperation with the Irish Competition Authority, carried out raids on 4th July into a number of motor insurance providers in Ireland.  These raids relate to as yet unspecified potential infringements of the EU and/or Irish competition rules prohibiting...

  • Facebook wins privacy case on tracking logged-out users

    Facebook has won an appeal against a Belgian court ruling, which ordered it to stop tracking logged-out users who visit Facebook pages and other websites linked to Facebook. On 29 June 2016 the Brussels Court of Appeal held that the Belgian data protection authority (the Belgian Privacy Commission), which brought the original case, does not...

  • Irish Competition Commission warns insurers about talking up prices

    The Irish Independent has reported that the Irish Competition Commission has called out the head of Insurance Ireland (which represents 95% of the domestic market) for saying that car insurance rates were set to rise by 25% in 2016 and that there was “further upward pressure on premiums”. The Commission said that statements of this...

  • Northern Ireland bans fracking

    The Northern Ireland Minister for the Environment, Mark Durkan, published a planning blueprint banning hydraulic fracturing in the region. The planning blueprint, which provides guidance for Northern Ireland’s 11 councils, consolidates multiple existing planning policies to create a single Strategic Planning Policy Statement (SPPS) for use by local planners. The SPPS declares that “in relation...

  • NY court says medical device distributor’s lost profits are direct, not consequential, damages

    In its March 27th opinion in Biotronik A.G. v. Conor Medsystems Ireland Ltd.,1 a sharply divided New York Court of Appeals ruled that a “no consequential damages” clause in a distribution agreement did not bar a distributor claiming breach of the agreement from seeking to recover the profit it allegedly would have earned upon reselling the product...

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