Update on the Electoral Reform Act 2022

The Electoral Reform Act 2022 (the Act), brings about significant changes to the electoral system in Ireland.

From the perspective of online platforms, Part 4 and Part 5 will be of key importance as they impose new obligations on platform providers to (i) ensure transparency in respect of online political advertising on their services; and (ii) to notify/take action in respect of dis/misinformation relating to online electoral processes on their services.

While the Act was signed into law on 25 July 2022, only certain sections of the Act have been commenced.  Part 4 and Part 5 of the Act have not yet been commenced.Continue Reading Update on the Electoral Reform Act 2022

The new Enforcement and Modernisation Directive 2019/2161, more commonly known as the ‘Omnibus Directive’ (the Directive), aims to strengthen consumer rights through enhanced enforcement measures and increased transparency requirements.

Key dates

EU Member States must adopt national implementation measures by 28 November 2021. The new requirements set out in the Directive must then come into force by 28 May 2022.

Who the Directive applies to

Those engaged in online business-to-consumer (B2C) transactions as well as companies offering digital services to consumers where payment by the consumers is in the form of personal data rather than money, will fall under the remit of the Directive.Continue Reading New Deal for EU Consumers- the Omnibus Directive explained

In Aldi Stores (Ireland) Limited and Aldi GMBH & Co. KG v Dunnes Stores [2017] IECA 116, Dunnes Stores (Dunnes) succeeded in its  appeal against a High Court ruling that its 2013 comparative advertising campaign against Aldi was contrary to EC (Misleading and Comparative Advertising) Regulations, 2007 (the 2007 Regulations) and the Consumer Protection Act, 2007 (the 2007 Act).

In essence, the Court of Appeal determined that the High Court applied the wrong test.  It did not make a decision as to whether the 2013 campaign was lawful, but criticised a number of adverse findings made by the High Court.Continue Reading Comparative Advertising in the Court of Appeal

At a recent conference in Amsterdam, the US Federal Trade Commissioner (FTC), Julie Brill, stated that the Schrems decision “cystallizes what has been clear, or should have been clear, for a long time about privacy in Europe: it is a fundamental right that Europeans and their Court take very seriously”.
Continue Reading FTC warns of loss of transparency in EU-US data flows by invalidation of Safe Harbour