Denise Daly Byrne

🔞Age Verification legislation in Ireland v the DSA ⚠️At the second reading of this Bill, Minister Martin indicated that the proposed Age Verification Bill is not compliant with the Digital Services Act … there are a number of significant legal and technical issues with the Bill's approach to addressing this matter. The main issue is that the Bill does not set out any role for Coimisiún na Meán Ireland's online safety and media regulator. An coimisiún is at the heart of Ireland's online safety framework which is built around the recent landmark legislative measures of the Online Safety and Media Regulation Act, the Digital Services Act and the terrorist content online regulation. The online safety framework requires online platforms to put in place systems and processes to reduce the availability of harmful online content and address access to age-inappropriate online content. It puts the onus on these platforms to ensure their services meet their obligations and there are severe penalties, up to and including criminal sanctions, for non-compliance. 🇪🇺It is important to note that Ireland is not alone in building this online safety framework. 🌐It is interwoven with related robust EU measures. This is important because Ireland alone cannot make the Internet safer for children. We must do it together, in collaboration with our fellow EU member states and the European Commission. Coimisiún na Meán has published a revised draft of its online safety code which it intends to adopt later this year. This is a major positive development. 🔰Crucially, the code will be binding and will focus in particular on ensuring the safety of children from harmful online content. It will oblige video-sharing platform services established in Ireland to protect children from harmful and age-inappropriate content like pornography. 🔰The measures these video-sharing platform services must take to deliver on this protection for children include the operation of age verification systems, which includes age assurance measures. 🔰The measures taken must be proportionate to the content and type of content permitted on particular services. 🔰For instance, those designated services that allow pornographic material to be uploaded by users must operate appropriate age assurance mechanisms to ensure children cannot encounter this type of material. 🚸The online safety code will also provide for requirements around the operation of content rating systems, parental controls, and effective reporting, flagging and complaint mechanisms. These measures will further safeguard children against harmful and age-inappropriate content such as pornography. 💰Once the code is applied, it can be enforced by Coimisiún na Meán, including through significant financial penalties of up to €20 million or 10% of turnover. 👮🏼 In addition, continued non-compliance can lead to criminal sanctions for company directors and senior managers. 👇🏻 See more here 👇🏻

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💷 LSFANI: ESTATE PLANNING USING TRUSTS & OTHER MITIGATION STRATEGIES 💷 Click here to book: https://lnkd.in/ePQ4stHA The Law Society of Northern Ireland, in conjunction with Law Society (NI) Financial Advice Ltd, is once again delivering a comprehensive series of CPD sessions which will be of benefit to practitioners. This session will cover: - Annual Allowances and exemptions; - Use of Trusts such as Discounted Gift Trust or Gift & Loan Trust to reduce or cap IHT liability; - Legacy Trusts for those with no immediate family beneficiaries; - Use of strategies such as IPDI Trusts to protect beneficiaries from previous marriages; - Use of Discretionary Will Trusts to utilise unused Nil Rate Band for remarrying widows/widowers. Increases to the NRB for a couple to more than the current £650,000 limit; - Business Property Relief; - Agricultural Property Relief. Law Society (NI) Financial Advice

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On 30 April 2024, the Representative Actions for the Protection of the Collective Interests of Consumers Act 2023 was commenced by order of the Minister for Enterprise, Trade and Employment. The purpose of the Act is to transpose Directive (EU) 2020/1828 on representative actions for the protection of the collective interests of consumers, repealing Directive 2009/22/EC and to provide for related matters. The Representative Actions for the Protection of the Collective Interests of Consumers Act 2023 (Prescribed Forms) Regulations 2024 prescribe a number of forms to be used in conjunction with the Act as it takes practical effect in Ireland. Read the full briefing here: https://lnkd.in/eVJpU22a [Image description: A kaleidoscope image with a text box and a chartreuse background 'Litigation, Dispute Resolution and Investigations: Commencement of Collective Litigation in Ireland']

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We would like to extend our gratitude to McCann FitzGerald LLP for their collaboration on this Fintech report. We’re proud to see our partner, Carlos María Melhem, along with our associates Luciana Gonzalez, Esteban Gómez Moretto, and Benjamín Artana, collaborate with Matías Langevin, Lukasz Szegda, and Rafael Aguilera Álvarez on the International Bar Association’s comprehensive Fintech report. This work offers valuable insights into how jurisdictions are navigating the evolving landscape of Fintech regulations. We are thrilled to see this comprehensive report published, highlighting the collective efforts of global leaders in Fintech legal field. #Fintech #FintechRegulation #IBA #FinancialServices

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Dynamic pricing has become a hot topic this week – but what does it really mean and is it permitted under Irish consumer law? In this article Katie O'Connor, Mairead O'Brien and Denise Daly Byrne consider the legal boundaries that apply to dynamic pricing. Including whether there are any real benefits to consumers in this pricing practice and the consequences for traders who cross the line in their pricing practices. Read more: https://lnkd.in/ek9WGYGH #DynamicPricing #ConsumerLaw #Investigations

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The Court of Appeal recently upheld a High Court decision. The decision related to the interpretation of a restrictive covenant in a lease that “food, food products or groceries” means not just food products but includes “non-durable consumable household items which are purchased frequently”. We analyse how the Irish courts interpret restrictive covenants of this type. #MHCLaw #LegalUpdate #RestrictiveCovenants #RealEstate #DisputeResolution

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Just published, our annual GDPR survey conducted with Forvis Mazars In Ireland, considers current perceptions towards GDPR compliance in Irish businesses and gauges awareness and preparedness for the latest legislative developments designed to reflect rapid changes in technology. Some of the results of the survey show: • 82% of respondents agreed risks associated with GDPR non-compliance are increasing; • 77% of respondents agreed that GDPR compliance is beneficial for the organisation’s relations (with employees, customers and stakeholders) in the long term; and • 60% are concerned about upcoming ‘digital legislation’.   Download the full report here to find out more: https://lnkd.in/efGVEpZD #GDPR #DigitalLegislation #Compliance #AI

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Fuel your business growth by understanding the role of the Companies Registration Office (CRO) in Ireland! 💡 Reinvest in compliance, diversify your knowledge of business regulations, and seek CRO resources to ensure your company operates within the law. Reinvest in Compliance: The CRO is crucial for ensuring that companies comply with statutory obligations. Regular filings, like annual returns and financial statements, are mandatory and the CRO maintains the public record for these documents. Diversify Your Knowledge of Business Regulations: Understanding the full spectrum of services and requirements overseen by the CRO can significantly aid in managing your business effectively. This includes everything from company incorporations to changes in company details and dissolution. Seek CRO Resources: Utilize the CRO’s extensive online resources for guidance on compliance issues, forms, and submission deadlines. Their digital platform provides tools and detailed instructions that can help streamline your administrative tasks. Learn more about leveraging the CRO for business success at IrishCompany.eu. #BusinessCompliance #CRO #IrishBusiness

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On 9 April 2024, the Central Bank of Ireland issued guidance on the authorization of payment institutions and electronic money institutions and the registration of account information service providers. In response to the considerable growth and expansion of the payments and e-money sector, the Guidance clarifies expectations and standards for PIs and EMIs seeking authorization from the CBI. #FinTech

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Last week, the Department of Finance published the Finance Bill 2024, which includes legislative provisions for tax measures that were already announced as part of Budget 2025 and new measures and amendments to the Irish tax code. In our latest blog post, Goodbody Head of Tax Catriona Coady details significant measures contained in the Finance Bill and how they may apply to our clients. Read her views here ➡️ https://lnkd.in/etRTRUsN #MarketingCommunication

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Discussing our 2024 Ireland Law Firm Survey, John O'Callaghan (Managing Partner) focuses on what drives great financial performance and why it’s a tale of two markets where scale matters. Download the full report: https://lnkd.in/dT7YUrpu

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The Apple judgment: highest EU Court confirms that it is for Member States to define taxable income, but finds that Ireland’s rulings to Apple misapplied Irish tax law Read the article written by Hans Gilliams and Leen Goossens here. #Eubelius #Apple #Judgement #Competition #StateAid

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On 9 April 2024, the Central Bank of Ireland issued guidance on the authorization of payment institutions and electronic money institutions and the registration of account information service providers. In response to the considerable growth and expansion of the payments and e-money sector, the Guidance clarifies expectations and standards for PIs and EMIs seeking authorization from the CBI. #FinTech

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The Miscellaneous Provisions (Registration of Limited Partnerships and Business Names) Bill 2024 brings major updates to Irish partnership law, including a beneficial ownership register, strict naming rules, and improved compliance measures. It aims to enhance registration and governance, requiring partnerships to possibly re-register for seamless compliance and business continuity. Dominic Conlon and Eoghan Davis discuss the Bill and its implications for partnerships in Ireland in their latest article: https://lnkd.in/etMqG4q8 For more information on the Partnerships Bill or Irish corporate law more generally, contact a member of our corporate team: https://lnkd.in/eW3bqFfz #PartnershipsBill #CorporateLaw #IrishLaw

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M Janisch SC, C Rogers and V Jere did it. Coronation’s appeal upheld with costs, SARS’ cross appeal dismissed – SARS (respondent) must pay the costs, including the costs of two counsel. Outsourcing of investment management is a common commercial practice in Ireland and other fund domiciles - international competitiveness warrants complete exemption. SARS and SCA failed to draw the important distinction between investment management in its wide sense and investment management trading, the narrower concept. Income earned by CGFM in Ireland (subject to 9D) is not diversionary, passive or mobile that it can erode the South African tax base. Those are the three types of income that the Treasury Explanation denotes as falling outside the FBE definition. FBE definition is not an anti-outsourcing enactment. FBE definition aims to ensure that an offshore business, regardless of its chosen business model, has economic substance in that foreign country and is not merely an illusory or “paper” business. And its objects are to ensure that the offshore company remains competitive with its foreign rivals. I don’t understand why SARS argued that there is no arguable point of law, yet in SARS’ strategic objectives, SARS states that “SARS believes that when taxpayers have clarity and certainty about their tax obligations, they will be in a better position to do to the right thing when it comes to fulfilling tax needs and be tax compliant."

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The Companies (Corporate Governance, Enforcement, and Regulatory Provisions) Bill 2024, published on 24 July 2024, introduces significant amendments to the Companies Act 2014. We examine the key changes proposed, which include enhanced corporate governance measures and streamlined company law procedures, and explain what they mean for Irish businesses. Discover the potential impact on your company and how to navigate the evolving regulatory landscape: https://buff.ly/4gke2YF #CompanyLaw #CompaniesAct2014 #CorporateGovernance #MHCLaw

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