Welcome to the July 2020 issue of Legal News. 

We aim to keep you up to date on legal developments that may affect you or your business. Here are some of our recently published website articles and insights you may have missed.  

We continue to highlight some of our guidance articles relating to COVID-19 this month (scroll to Business Insights below), the full complement of which can be found in our COVID-19 Hub.

For more information on any of the topics covered in this edition, please call or email the key contacts in the article, or your usual William Fry contact.

• Podcast: The Legal Perspective on Remote Work and Employers’ Obligations
  Catherine O’Flynn, Head of our Employment & Benefits department, joined Brian Crooke from the Work Well Podcast to talk about how businesses in Ireland are coping with remote work.
• Data Protection Commission Issues First GDPR Fines and Takes Significant Steps re: ‘Big Tech’ Investigations
  The DPC announced a series of fines for TUSLA for breaches of the GDPR. The DPC has also confirmed ongoing investigations relating to some well-known technology platforms including Twitter, WhatsApp and Facebook.
• ESMA Issues Guidance on ‘Undue Cost’ Requirement for UCITS and AIFs
  See our analysis for fund managers of the impact of ESMA’s guidance for supervising compliance with the obligation not to charge undue costs to UCITS and AIF investors.
• Central Bank Determination points to Increased Focus on Senior Executive Accountability
  Following a recent Central Bank of Ireland enforcement action, we review the decision of the Central Bank and consider the future of senior executive accountability.
• No More Playing Around: Significant Award of almost €100,000 in Gender Pay Discrimination Case
  The WRC awarded compensation of almost €100,000 to the former general manager of a video game company who successfully claimed gender pay discrimination.
• Two Steps Closer to EU-Wide Class-Actions?
  This article considers what may be coming down the tracks for Ireland as the EU Parliament recently gave the green light to the first EU-wide rules on class-action style lawsuits.

COVID-19 Business Insights

• Insurance Industry Faces Emerging Litigation Threat
  The insurance industry is facing increased uncertainty and risk arising from COVID-19. We explore the increased likelihood of claims and potential litigation arising from government enforced closures of businesses and risks related to the phased return to work.
• Corporate Restructuring & Insolvency – Guidance for Directors During COVID-19 and Beyond
  We consider the duties which directors of Irish companies need to be particularly conscious of given the significant challenges faced by many companies during the COVID-19 pandemic and beyond.
• Just 25% of Employers Feel Prepared for Employees’ Return to the Workplace
  The findings are based on a survey conducted by William Fry on a webinar hosted by Walters People on health & safety, employment law and data protection considerations related to the return to work, following the outbreak of COVID-19.
• ODCE Issues Guidance for Directors Affected by COVID-19 Pandemic
  The ODCE has issued welcome guidance for directors concerned about restriction proceedings due to the COVID-19 pandemic. 
• Summary of Irish Tax Measures Announced in Response to the Spread of COVID-19
  In response to the spread of the COVID-19, various business support measures have been put in place by European countries. In this article, we summarise the measures announced by Ireland up to 23 June 2020.