Welcome to the May 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.  

In recognition of the ongoing challenges presented by the COVID-19 pandemic, we have also highlighted some of the guidance articles published 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.

• Into The Breach: Morrisons Not Vicariously Liable For Rogue Employee’s Deliberate Data Breach
  The recent UK Supreme Court decision in WM Morrison Supermarkets plc v Various Claimants UKSC 12 is welcomed by businesses as it limits the imposition of vicarious liability on employers in relation to data breaches caused by their employees.
• Electronic Money Institution Authorisations in Ireland
  William Fry’s Financial Regulation Unit provides an overview of the process and requirements for securing authorisation as an electronic money institution / e-money institution from the Central Bank of Ireland.
• Discovering Public Interest Privilege?
  This article discusses a recent High Court decision on the use of public interest privilege to withhold documentation in discovery.
• Revenue Guidance on the Tax Treatment of Additional Tier 1 Capital
  Revenue have issued a new Tax and Duty Manual, providing guidance on the changes introduced by the Finance Act 2019 which provide parity of tax treatment for certain financial instruments issued by non-financial institutions that are equivalent to Additional Tier 1 instruments.
• Significant Award for Employee Dismissed connected to Raising Health and Safety Concerns
  An employee dismissed after she raised health and safety concerns in the workplace has been awarded over €84,000 by the Workplace Relations Commission.
• The Unified Patent Court – An Idea Worth Protecting?
  Following the German Federal Constitutional Court’s finding that German legislation ratifying the UPC was invalid, stakeholders are questioning whether this signals the death knell for the court’s establishment or if enough support remains for its survival.
• New Requirements for Marketing ESG Retail Funds in France Published by the AMF
  On 11 March 2020, the AMF published a Position – Recommendation entitled ‘Information to be provided by collective investment schemes incorporating non-financial approaches’ which includes requirements for foreign ESG UCITS which market their shares to investors in France.
• Grace Period for Cookies Compliance: Websites Must Meet the Data Protection Commission’s Standards of Compliance or Risk Enforcement
  Websites and apps have 6 months to comply with the Data Protection Commission’s recently published report and separate guidance on Cookies and Other Tracking Technologies. Website operators have until 5 October 2020 to bring their products, including websites and mobile apps, into compliance.
• ESMA Issues Guidelines On Calculation Of Performance Fees
  On 3 April 2020, ESMA published its Guidelines on performance fees in UCITS and certain types of AIFs (the Guidelines). The Guidelines will apply from two months after the translated versions are published (expected imminently) on ESMA’s website.

COVID-19 Business Insights:

• Employer FAQ’s – Pay Entitlements During COVID-19
  We consider what employees are entitled to be paid in various scenarios arising from the impact of the COVID-19 pandemic. 
• COVID-19: Remote Swearing of Affidavits – Changes Ahead?
  This article looks at whether remote swearing is permitted in Ireland in light of the COVID-19 pandemic and what can be done to address the issue of swearing affidavits while adhering to the Government’s social distancing guidelines. 
• COVID-19: The Doctrine of Frustration
  We consider whether the doctrine of frustration may provide a resolution where the performance of a contract is affected due to effects of the Coronavirus pandemic. 
• How to Handle COVID-19 in the Workplace – Practical Guidance for Employers Update
  Employers owe a statutory duty of care to all staff when it comes to employee health and safety at work – whether in respect of “essential” workers who continue to attend the workplace or employees working remotely at home in light of the COVID-19 pandemic. So, what steps should employers be taking? 
• COVID-19: Data Protection Issues When Video Conferencing
  In this article, William Fry specialists identify key data protection issues apparent during the recent global increase in video conferencing following the outbreak of COVID-19.  We highlight steps that ought to be considered by both individuals and businesses to facilitate using video conferencing platforms.