Data Protection & Privacy

More than ever, organisations need certainty and clarity on the legal requirements which impact on their collection, use and disclosure of personal data. With a full understanding and insight into the political and commercial landscape surrounding data protection and privacy, together with our commercial results-driven approach, we strive to secure effective solutions for our clients.

Areas of expertise include:

  • EU General Data Protection Regulation
  • Data Protection Policy & Framework Development
  • Data Protection Audits & Reviews
  • Data Protection Training & Awareness Programs
  • Data & Privacy Officer Support
  • Privacy Impact & Risk Assessments
  • Data Sharing & Disclosure
  • International Transfers
  • Website & App Privacy Solutions
  • Outsourcing & Third Party Processing
  • Cybersecurity
  • Cloud Computing
  • Direct Marketing & Online Behavioural Advertising
  • Data Access Requests
  • Data Breach Management
  • Employment & Data Protection
  • Enforcement & Litigation
  • Strategic Data & Risk Management

 

Our experience includes advising/acting for:

  • One of the world’s largest software companies on issues arising from US proceedings regarding data stored in Ireland as well as strategic advices on the impact of Irish and European communications laws, data protection, privacy and security related matters.
  • A number of leading players in the retail, automotive, IT and insurance industries in conducting privacy impact assessments in relation to the introduction of a biometric, telematics and automated system.
  • A multichannel retailer in completing a data protection audit of its operational business processes and advising on risk mitigation solutions.
  • A leading International insurance provider in developing fair processing notices, privacy statements and policies, as well as the implementation of the Code of Practice on Data Protection for the Insurance Sector and on the outsourcing of certain of its activities internationally.
  • A public sector body in relation to the sharing of personal data between state bodies and agencies.
  • A multinational technology company on various privacy issues relating to its activities in Ireland including transfers of data and the interaction of data protection with related regulatory issues concerning telecommunications regulations, data retention and data interception.
  • One of Europe’s most prominent entertainment companies on issues regarding marketing preferences, consents and fair processing notices.
  • Leading businesses and organisations across various sectors providing tailored data protection training and awareness packages.

Beginning of the End of the "Fishing Expedition"? English High Court offers DSAR Guidance to UK Data Controllers

A recent decision of the English High Court provides authority for data controllers in the UK to pushback on data subject access requests (DSARs) which are numerous and repetitive and have a collateral purpose. In this article, we examine the decision of the court and assess if we are likely to see a similar approach taken in Ireland.


H&M Subject to €35.3m GDPR Fine for Keeping a Clothes Eye on Employees

Multinational clothes retailer H&M has been fined €35.3 million by the Hamburg data protection authority for unlawful employee-monitoring practices in breach of the GDPR – the second largest fine imposed on a single company under the GDPR to date.


Hopping on the Bandwagon: The Council of the European Union Imposes its First Sanctions for Cyber-attacks

The Council of the European Union imposed the first ever sanctions under the Framework for a Joint EU Diplomatic Response to Malicious Cyber Activities against six individuals and three entities.


EDPB Reviewing Draft Guidelines on Data Protection and Connected Vehicles

In response to stakeholder feedback, the European Data Protection Board is reviewing its draft guidelines on how the connected vehicles industry can ensure compliance with the GDPR and the ePrivacy Directive.


Standards are Upheld but Shield Sinks Under Harbour Waves

European Court upholds validity of Standard Contractual Clauses but not Privacy Shield as international transfer regime, though with strings attached for businesses and regulators.


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Department

  • Clients exalt the team's combination of market insight and legal acumen: "they don't just give a quote of the law, but a commercial view and an explanation in the context of the market". Another interviewee says: "they inspired confidence immediately with their insight and advice on all matters and came with a deep knowledge of the market". ​Chambers Europe 2019
  • Clients note that the firm has a "young and innovative team" who are "always great to work with." Sources also appreciate that "they are up to date on new data protection regulations." Chambers Europe 2018
  • Clients praise the client-oriented nature of the advice "They offer a cogent, practical explanation of the law." Other interviewees value "the quality of the staff and the ability to recommend legal experts in other jurisdictions." Chambers EMEA 2017
  • David Cullen heads the "vibrant" practice at William Fry. Legal 500 EMEA, 2017
  • "This firm's passion and interest in the technology sector is outstanding - we have been tremendously impressed." Chambers Europe, 2016 
  • "The team has a wide range of experience that it brings to bear on specific issues, and provides timely and concise advice." Chambers Europe, 2016 
  • David Cullen’s team is noted for its ‘in-depth industry knowledge’. Legal 500 EMEA, 2016 

Team

David Cullen

  • According to Chambers Europe 2020, David has been described by clients as "pragmatic and has a strong technology interest, which aids immensely in his understanding and his advice." 
  • One interviewee attests that he is "always available, responsive, timely and very well-versed." Chambers Europe 2019 
  • David Cullen is revered for his commercial prowess in intellectual property mandates. Chambers Europe 2018 
  • Practice head David Cullen "distils salient facts from complicated business scenarios"Legal 500 EMEA 2018 
  • David Cullen impresses clients with his commercial IP practice, one of whom praises his "absolute excellence in IP law, coupled with his strong technology and business acumen." Chambers Europe 2017
  • Esteemed practitioner David Cullen "has really incredible experience in the area of technology and IP, and is cool, calm and pragmatic," say sources. Chambers Europe 2016

Leo Moore

  • "Leo is very personable and as a lawyer, he is very responsive, cost efficient and always finds practical and commercially oriented solutions to solve the client’s issues." Legal 500 2020
  • According to sources, Leo "is very responsive and always finds practical, commercially oriented solutions." Chambers Europe 2020
  • Leo Moore is a towering figure in the market, widely respected for his advice on transactional matters, as well as outsourcing, data protection and the commercialisation of new technologies. Enthusiastic sources describe him as "super personable, kind, friendly, easy to talk to and proactive about keeping in contact." Others say Leo is "very approachable and provides the required advice in a form which is easily understandable for all around the table. He is very commercial in his delivery and solution-oriented." Chambers Europe 2019
  • Sources describe Leo Moore as an “extremely smart lawyer” and appreciate that he is “responsive, easy to talk to and always clear about the next step.” He is praised for his handling of multi-jurisdictional patent licensing mandates and strategic IP advice. Chambers Europe 2018
  • Leo is "practical and diligent"Legal 500 EMEA 2018
  • "Leo is a "top-notch lawyer" who is noted for his expertise in the technology sector and is often called upon to manage large IP portfolios for prominent companies"according to Who's Who Legal: Trademarks 2018  
  • One client says he is "easy to work with, very good at breaking down complex issues and provides clear advice." Chambers Europe 2017
  • According to sources, Leo Moore is "very good at grasping technical issues, and explaining them in a non-technical manner," with one adding: "One of the best things is that he figures out how to make things happen, never coming back with reasons not to do things." Chambers Europe 2016

John O'Connor

  •  John  is a respected practitioner, advising on large-scale technology and outsourcing mandates, as well as assisting with cybersecurity, data protection and privacy issues. Clients appreciate "his breadth of knowledge and his definitiveness." Chambers Europe 2019
  • Sources praise John O'Connor's technical proficiency, observing that he is "very good to deal with." His expertise lies in technology and outsourcing transactions, encompassing systems integration, implementation arrangements and licensing matters. Chambers Europe 2018
  • John O’Connor is "practical and diligent". Legal 500 EMEA 2018
  • John O'Connor has significant experience of advising technology, life sciences and financial services organisations on an array of technology-related matters. Clients say that he is "incredible to work with." Chambers Europe, 2017

Key Contacts

David Cullen Partner

Leo Moore Partner

John O'Connor Partner