The Supreme Court, in EMI Records (Ireland) Ltd & Ors v Data Protection Commissioner and Eircom Ltd [2013] IESC 34, 3 July 2013, has confirmed that an Enforcement Notice issued by the Data Protection Commissioner (DPC) will be invalid if reasons are not given for same.  The decision also shows when judicial review, rather than statutory appeal, of a decision of the DPC may be permissible. 

The Facts

The applicants, music record companies, had brought earlier proceedings against Eircom (the notice party), arising out of alleged unauthorised and unlawful sharing of copyright material facilitated by internet services provided by Eircom. Those proceedings were settled, but the DPC claimed that implementation of the settlement agreement might breach data protection law. The parties to the settlement applied to the court for a ruling on the consistency of the settlement with data protection law, which the DPC declined to participate in. The High Court ruled that implementation of the settlement would not be in breach of any relevant law.Continue Reading Enforcement Notice invalid due to absence of reasons

On 26 June 2013, a new Commission Regulation on what precisely telecommunications operators (telcos) and Internet Service Providers (ISPs) should do if their customers’ personal data is lost, stolen or otherwise compromised was published in the Official Journal of the EU. The purpose of the new rules is to ensure businesses, operating in more than one EU country, can take a pan-EU approach in the event of a data breach. 

Since 2011, telecos and ISPs have had a mandatory obligation under the e-Privacy Regulations 2011 (S.I. 336/2011) to notify national data protection authorities, and any individuals adversely affected, about breaches of personal data. However the 2011 Regulations do not prescribe specific timeframes for breach notification.Continue Reading New Rules on Breach Notification by Telcos and ISPs

The Data Protection Commissioner (the DPC) has published his Annual Report for 2012. On launching his report the DPC highlighted, in particular, his concerns over the issue of sharing personal data in the public sector.  

Whilst the DPC accepted the benefits of such data sharing in terms of efficient delivery of public services, he stated that such data sharing must be done in a manner that respects the rights of individuals to have their personal data treated with care and not accessed or used without good reason. The Report includes a special report on an investigation of data sharing through the INFOSYS system provided by the Department of Social Protection, which revealed significant failures to comply with the Data Protection Acts 1988 and 2003 (the Acts).Continue Reading Data Protection Commissioner publishes Annual Report for 2012

The Department of Jobs, Enterprise and Innovation have published a Consultation Paper on the implementation of the Consumer Rights Directive (2011/83/EU) (the Directive). The Directive must be transposed into national law by EU Member States by 13 December 2013 and must be applied in Member States from 13 June 2014.

The Directive repeals and replaces the current Directive on Contracts Negotiated Away from Business Premises (85/577/EEC) and the Distance Selling Directive (97/7/EC). The Directive on Certain Aspects of the Sale of Consumer Goods and Associated Guarantees (1999/44/EC), and the Unfair Terms in Consumer Contracts Directive (93/13/EEC), are amended but will remain in force.Continue Reading Consultation on Consumer Rights Directive

This Friday 17th May is officially Start Up Dublin Day as part of the MBA World Trophy three day event taking place at the Marker Hotel.  The event sees assembled speakers discussing topics such as finance, leadership and growth together with numerous practical workshops, seminars and networking events taking place throughout the day. 

 Highlights of the day include a panel discussion with Margaret Molloy (Velocidi, NY), David Smith (Tirna Partners), Barry O’Brien (Silicon Valley Bank), Joe Haslam (IE Business School) and Stephen McIntyre (Twitter) and Hayley Conick (Elance) sharing there valued insights on growing a business.

 An …

Continue Reading Start Up Dublin Day- Friday 17th May

I will be attending the inaugural event of the MBA World Trophy from 16-18 May this week in Dublin at the Marker Hotel. This exciting three day event focusing on entrepreneurship and business development is the brainchild of two MBA students (John O’Loughlin and Stephen Smith) from Smurfit Business School.

The event will provide a unique showcase of entrepreneurial talent from 25 of the world’s finest graduate colleges, during the course of which teams will pitch their business models to an exclusive panel of VCs, participate in workshops in Innovation, Finance, Growth and Leadership. Each team will be paired with …

Continue Reading Inaugural MBA World Trophy Event in Dublin 16-18 May 2013

The ILTG Global Technology Leaders Summit 2013 takes place in Mountain View this week, 14 and 15 May 2013. The event is a two day gathering which will emphasise the significant economic, political and commercial trends affecting global technology industries. A particular highlight of the event will be the Annual Silicon Valley Awards Gala which will recognise and award the top Irish Technology start-ups. The esteemed list of 20 Finalist fast Pitch companies can be viewed here. The event marks a great signal for the positive impact Ireland has on Silicon Valley business and is an unrivalled opportunity to showcase Irish start-ups on …

Continue Reading Global Technology Leaders Summit 2013 – Silicon Valley

The US Department of Commerce’s International Trade Administration (ITA) has provided some clarification regarding how the US-EU Safe Harbor Framework applies to cloud computing.   

The ITA does not believe that cloud computing represents an entirely new business model or presents any unique issues for the Safe Harbor. The ITA clarifies that the existing Safe Harbor Privacy Principles are comprehensive and flexible enough to address the issues raised by the cloud computing model. 

Continue Reading US Department of Commerce clarifies how Safe Harbor Framework applies to Cloud Computing

Name: Sinéad Mitchell
Title: Solicitor
Email: smitchell@algoodbody.com

Sinéad Mitchell is a Solicitor in the IP & Technology Group at A&L Goodbody.

Sinéad holds a Bachelor of Civil Law Degree and a Commercial Law Masters from UCD. Sinéad has experience in a wide range of IP and technology matters and advises clients on both contentious and non-contentious matters including in the area of trade marks, patents, copyright, data protection and commercial contracts. Sinéad’s recent contentious experience includes assisting on the Irish stream of the defence High Court proceedings in a multi-jurisdictional pharma patent dispute.Continue Reading About Sinéad Mitchell

Name: Neasa Ní Ghráda
Title: Solicitor
Email: nnighrada@algoodbody.com

Neasa Ní Ghráda is an Assistant Solicitor in the IP & Technology Group at A&L Goodbody.

Neasa holds a Bachelor’s Degree in Business and Law (BBL) and a Master of Laws (LLM) in Intellectual Property Law from University College Dublin. She has also obtained a postgraduate Certificate in Higher Court Civil Advocacy from the Law Society of Ireland.  

Neasa has experience in a wide range of IP and technology matters including copyright, trademarks, patents, data protection, commercial contracts and comparative advertising.Continue Reading About Neasa Ní Ghráda