Norton Rose Fulbright (LexBlog Ireland)

23 results for Norton Rose Fulbright (LexBlog Ireland)

  • Claims for holiday pay – Supreme Court holds worker can claim for historic underpayments which are part of a series of deductions

    The Supreme Court has given its judgment in the case of Chief Constable of Northern Ireland v Agnew and ors and dismissed the appeal, holding that the workers could claim back for a whole series of unlawful deductions even where there was a gap of more than three months between those deductions. In this case,...

  • Joint trade association statement on the Commission’s proposed active account requirement under EMIR 3.0

    On 7 September 2023, a joint trade association comprising of the EFAMA, BFPI Ireland, EACB, FIA EPTA, Federation of the Dutch Pension Funds, Finance Denmark, Nordic Securities Association, AIMA, ICI Global, FIA and ISDA published a statement on the European Commission’s (the Commission) proposed active account requirement (AAR) under EMIR 3.0. This proposal would require...

  • Schrems II – Irish DPC finally issues its decision – suspension order, deletion/ repatriation of data and fine

    Introduction: On 22 May, the Irish Data Protection Commissioner (the DPC) published its decision against Meta Platform Ireland Ltd (Meta Ireland) in relation to Facebook’s transfer of user’s personal data to the US (the Decision). In it, the DPC ordered Meta Ireland to suspend Facebook’s future transfers of personal data to the U.S. within five...

  • FCA publish statement on Liability Driven Investment

    On 30 November 2022, the FCA published a statement made by the Pensions Regulator, the Central Bank of Ireland and the Commission de Surveillance du Secteur Financier on the resilience of Liability Driven Investment (LDI) portfolios and the operational governance of pensions schemes using LDI strategies. The statement sets forth that, the FCA expects asset...

  • The Financial Guidance and Claims Act 2018 (Commencement No.2) Order (Northern Ireland) 2022 (No. 175)

    On 19 May 2022, there was published on the legislation.gov.uk website The Financial Guidance and Claims Act 2018 (Commencement No.2) Order (Northern Ireland) 2022. The Order is made in exercise of the powers conferred by section 37(2) and (3)(c) of the Financial Guidance and Claims Act 2018 (Act), relating to requirements to refer individuals to...

  • Regulation Tomorrow podcast – Australian wrap up

    The first instalment in our new Regulation Tomorrow podcast series, the Australian wrap up, is now available to stream and download. In this month’s episode Jon Ireland, Ray Giblett and Timothy Chan take a deeper dive on some of the key issues identified in April’s monthly wrap up covering the recent APRA life insurance statistics,...

  • Government consults on a new statutory debt solution

    On 13 May 2022, HM Treasury issued a consultation on a new form of statutory debt solution, the statutory debt repayment plan (SDRP), that will allow for most of an individual’s debts to be combined into a single plan and repaid over a manageable period, with similar legal protections from creditor action as in breathing...

  • Rejecting cookies should be as easy as accepting cookies: new sanctions by the French authority (CNIL)

    The French Data Protection Authority (the “CNIL”) continues its campaign against companies that do not respect the rules relating to cookies and other trackers, which the CNIL has previously reminded the market about in multiple communications and decisions. The CNIL has already issued four sets of formal notices to over 90 organizations of various sizes...

  • ONSC dismisses Apotex’s second monopolies action

    The Ontario Superior Court of Justice has released the second decision in a series of summary judgment motions relating to Apotex’s claims against innovative drug companies under various causes of action pursued above and beyond the section 8 damages regime in the Patented Medicines (Notice of Compliance) Regulations. In Apotex Inc. v. Pfizer Ireland Pharmaceuticals,...

  • The Financial Services Act 2021 (Commencement No. 2) Regulations 2021

    On 22 June 2021, there was published on the legislation.gov.uk website The Financial Services Act 2021 (Commencement No. 2) Regulations 2021. Regulation 2 of these Regulations brings into force provisions of the Financial Services Act 2021 dealing with forfeiture of money in respect of Northern Ireland. Regulation 3 of these Regulations brings into force provisions...

  • The Proceeds of Crime Act 2002 (References to Financial Investigators) (England and Wales and Northern Ireland) Order 2021

    On 7 June 2021, there was published on the legislation.gov.uk website The Proceeds of Crime Act 2002 (References to Financial Investigators) (England and Wales and Northern Ireland) Order 2021 together with an explanatory memorandum. The Proceeds of Crime Act 2002 (2002 Act) provides for a system of accreditation for financial investigators, who are known as...

  • Direction exempting market participants from the obligation to register with Ofgem under REMIT

    On 4 January 2021, Ofgem issued a direction stating that under Article 9(1A) of the onshored Regulation on wholesale energy market integrity and transparency (REMIT), as amended, until further notice, the obligation to register with it does not apply to wholesale energy market participants that are already registered with the Northern Ireland Authority or with...

  • 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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