The ransomware attack on the HSE in May 2021 has raised questions re potential legal actions from those whose sensitive personal data may have been compromised and/or published online. In this article, Dermot Sheehan BL takes a deep dive into personal data restrictions and remedies under Irish Law.     Remedies in Irish Law for Data Breaches and misuse of personal data There have been legal restrictions and remedies in Irish law in terms of the wrongful processing personal data since the enactment of the Data Protection Act 1988 which implemented the 1981 Strasbourg Convention on the ..read more

A guide to the Data Protection Commission’s role in investigation and enforcement of data protection rights under GDPR and the Data Protection Act (2018).   In this paper, Noeleen Healy BL examines these legal issues in the context of the Max Schrems led cases against Facebook and takes a deep dive into how the Commission’s investigation and enforcement role can be legally undertaken notwithstanding the the judicial remedies open to data subjects, controllers and processors.     Legal Background / Introduction Max Schrems is an Austrian activist and author who became known for ..read more

  Data protection is all about protecting your personal data. But what does this really  mean?   This guide is by Ian Long, solicitor and data protection specialist with more than 20 years’ experience in companies of all sizes, including AIB Bank, Aon Corp., Bank of Ireland Group, Griffith College, Groupon International, IAC Applications, Pepper Asset Servicing, and Ulster Bank. Author of leading text on GDPR compliance, Data Protection – The New Rules, published by Jordan Publishing, London.        A company or an organisation that handles any informa ..read more

COVID-19 RESIDENTIAL TENANCIES The recent Emergency Measures in the Public Interest (COVID-19) Act 2020 has introduced urgent measures which affect how tenancies can be ended, RTB dispute resolution issues and rent payment issues. Expert property law solicitor Michael Burns provides a quick overview here.   Can a Landlord serve notice of termination on a tenant? A landlord shall not serve a notice of termination in relation to the tenancy of a dwelling during the emergency period.   Can a landlord force a tenant to leave the property where notice of termination has expired before the ..read more

The novel coronavirus COVID-19 pandemic has caused disruption across the world. In the legal sphere it has also caused confusion as to people’s respective obligations and duties towards each other, particularly in the context of employment relationships. In this paper, Barrister Dermot Sheehan examines common law and statutes with respect to the potential liability that could conceivably ensue for employers, employees and even medical officers notwithstanding the unfolding and very recently introduced legislative measures in this context.   Basic principles of negligence and foreseeabilit ..read more

The Government recently announced that a referendum to reduce waiting time limits on divorce in Ireland will be held in May 2019.   Former Parliamentary Assistant to the Minister, Oisín Crotty who worked on the formulation of this legislative initiative, gives an overview here of the implications as well in the context of the backstory to divorce in Ireland.   Under the current terms of the constitution at present a person may only apply for a divorce having lived separately and apart from their spouse for four of the previous five years. The referendum proposal of the governmen ..read more

How long do I have to make a claim? This is a frequently asked question by many clients particularly (but not only) in the context of personal injury claims. This is a guide to the law in Ireland with particular regard to the Statutes of Limitations Act and relevant case law precedent which may be useful in the context of many types of actions.     What is meant by the Statute of Limitations? This legislation concerns (in layman’s terms) how the law attempts to define how soon you need to make a claim (in terms of deadlines, after the knowable fact or facts, that one has to instigat ..read more

Hi, Roddy Tyrrell here, (solicitor and publisher of Lawyer.ie) – just a note to let you know that I will be available to meet for one-to-one in-person consultations in the cities of Auckland, New Zealand and Perth, W. Australia in early February 2019. This is a part of a series of internationally toured law clinics we have done in the recent past in order to try to engage with the now global audience that visits Lawyer.ie e.g. including members of the general public who may be expats or for example have a familial/marital or inheritance connection to Ireland (and indeed I would be interes ..read more

Highly Sensitive Personal Data Compliance The General Data Protection Regulations (GDPR) which became law throughout the EU applies to all entities that process personal data. However law firms and financial services organisations who handle highly sensitive client information need to  be extra vigilant in terms of their compliance or potentially risk heavy penalties.     Introduction to GDPR The General Data Protection Regulation is about being upfront with your customers in terms of: being lawful, fair and transparent; the purpose of the personal data you are collecting about ..read more

Leading City of London insurance lawyer writes that, based on the UK experience, recent legislation introduced by Pearse Doherty TD supporting consumers’ rights in the area of insurance claims payouts is ultimately positive for the industry as well.   Written by Stephen Netherway, Partner and Head of the Insurance Sector in the UK for CMS, a London and European law firm.   When Brexit was just a twinkle in the political eye, both the UK and Ireland began to seriously review the potential reform of insurance law for consumers. In Ireland this manifested itself ..read more