Here is a selection of our recent publications on subjects that may affect you or your business. We regularly publish briefings and insights on legal and regulatory developments.
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.
- Right to Request Remote Working Bill 2022: What Does it Mean for Employers?
The Draft Scheme of the Right to Request Remote Work Bill 2022 has been published as part of the government’s vision to make remote working a permanent feature of Ireland’s workforce. The legislation is anticipated to be published by Easter and is hoped to come into force sometime this Summer.
- Explained: the Austrian data regulator’s issue with Google Analytics
In the latest in a long line of challenges to the transfer of personal data from Europe to the US, the Austrian data protection authority, DSB, has found that the use by an Austrian website of Google Analytics did not comply with EU data protection law.
- High Court Case brings into sharp focus the difference between disqualifications and restriction orders
In a recent High Court decision, Quinn J exercised discretion in choosing to impose the lesser sanction of a restriction order as opposed to a disqualification order against directors. The liquidator sought orders of disqualification or, in the alternative, orders of restriction, against the company directors.
- IFRS 17: the new reporting standard takes effect
IFRS 17 came into effect on 1 January 2022, replacing IFRS 4. Therefore IFRS 17 is effective for reporting periods beginning on or after 1 January 2023, with earlier adoption permitted if both IFRS 15 Revenue from Contracts with Customers and IFRS 9 Financial Instruments have also been applied.
- Death, time barred claims and the equitable doctrine of unconscionability
The Irish Courts have observed that while the Irish legislature amended aspects of the Statute of Limitations relating to personal injuries actions, including in the Statute of Limitations (Amendment) Act, 1991, which introduced the concept of “date of knowledge”, no similar amendment to incorporate a “date of knowledge” provision has been made to s.9(2)(b) of the 1961 Act.
- MIFID firms’ use of tied agents circumventing EU market access rules
The tied agent model available under MiFID has featured in the options for some non-EU asset managers distributing their fund products and investment services in the EU, short of or as a stop gap to obtaining a full EU licence. However, ESMA has identified practices in the use of tied agents by non-EU firms which it considers are a “potential source of circumvention of the framework.”