Home Knowledge Legal News – June 2023

Legal News - June 23

Welcome to the June 2023 edition of Legal News.

Here is a selection of our recent publications on subjects that may affect you or your business.  For more information on any of the topics covered in this edition, please contact the people listed in the articles or your usual William Fry contact.

  • Significant CJEU Ruling on Right to Compensation for Non-Material Damage for GDPR
    The Court of Justice of the European Union (CJEU) released its highly anticipated judgment in Case-300/21 UI v Österreichische Post. The CJEU decision is the first to deal with an individual’s right to compensation for non-material loss for breaches of the General Data Protection Regulation.
  • DORA: Management of ICT Third-Party Risk
    What does DORA and the DORA Amending Directive envisage regarding the management of ICT third-party risk? This is a critical area as “third-party” under both pieces of legislation means not only external third-party service providers but also service providers who are intra-group entities and entities which are subsidiaries.
  • Major Developments in EU’s AI Regulatory Landscape
    The latest compromise text of the AI Act was voted on by the leading parliamentary committees of the European Parliament. They agreed to give the go ahead to the Parliament’s Compromise Text of the AI Act, allowing for plenary adoption in a matter of weeks.
  • Offshore Development Consents – the Next Step Towards Meeting our 2030 Clean Energy Targets
    The ORESS Projects hopes to provide a combined capacity of 3,074MW as a contribution to “Phase 1” of Ireland’s offshore wind energy development programme. The ORESS Projects already hold Maritime Area Consents, which allows them to apply for development consent from An Bord Pleanála.
  • Electronic Money Institution Authorisations in Ireland
    We have seen a dramatic increase in clients seeking authorisation from the Central Bank of Ireland as either an electronic money institution or as a payment institution. There are two types of authorisation available: E-Money Institutions and Small E – Money Institutions.
  • Changes to BER and Energy Performance of Buildings Standards
    The European Parliament adopted draft amendments to the European Commission’s proposal to revise the Energy Performance of Buildings Directive (2010/31/EU)(EPBD). The proposed revision of the EPBD seeks to substantially reduce greenhouse gas emissions and energy consumption in the EU building sector by 2030 and make it climate neutral by 2050.
  • No Liquidator; No Winding Up Order for Insolvent Company
    The High Court has found that it was not appropriate to make a winding up order in respect of a company under section 760(2) of the Companies Act 2014, where no party was nominated or consented to act as liquidator.
  • Status of the Agricultural and Food Supply Chain Bill 2022 concerning Unfair Trading Practices
    The General Scheme of the Agricultural and Food Supply Chain Bill 2022 (Bill) was published in March 2022. It is currently at Report Stage before the Dáil. The Bill applies to unfair trading practices in business-to-business relationships in the agricultural and food supply chain.
  • Digital Gaming Credit
    A new tax credit for digital games development has been launched by the Irish government. The tax credit was initially introduced into legislation subject to commencement order, as the scheme required European Commission approval. This approval was granted, bringing the scheme into effect on 16 November 2022.

In Short