Kevin Purcell

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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🔞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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Under the Civil Partnership and Certain Rights and Obligations of Co-Habitants Act 2010, a couple is deemed to be co-habitants when they have lived together as a couple in an “intimate and committed relationship” for in excess of five years (or 2 years if there are children of the relationship) before the date of death of one of them. https://lnkd.in/eJC7FdQv #ProbateLaw #CoHabitantsRights #EstatePlanning #InheritanceLaw #LegalSupport #FamilyLaw #FinancialProvision #ProbateMatters #IrishLaw #LegalAdvice

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On 30 April 2024, the Minister for Enterprise, Trade and Employment, Peter Burke TD, has today welcomed the signing of regulations which will fully transpose the Representative Actions Directive (EU) 2020/1828, into Irish law. It is the first legislation of its type in Ireland. It allows for an organisation that has been designated as Qualified Entity (QE) to take an action before the High Court, on behalf of a group of consumers whose consumer rights, as listed in the Act, have been breached, either here in Ireland or in other Member States, by unlawful practices by traders. Representative actions may be brought on behalf of groups of consumers who may seek: • injunctive measures, which will stop a trader’s unlawful practices; • redress measures, such as refund, replacement, repair; or • both injunctive and redress measures. #collectiveredress #accesstojustice #irishlaw #consumerrights #investorprotection #classaction #classactions #grouplitigation

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𝐒𝐨𝐜𝐢𝐚𝐥 𝐦𝐞𝐝𝐢𝐚 𝐞𝐱𝐞𝐜𝐮𝐭𝐢𝐯𝐞𝐬 𝐭𝐨 𝐛𝐞 '𝐩𝐞𝐫𝐬𝐨𝐧𝐚𝐥𝐥𝐲 𝐚𝐜𝐜𝐨𝐮𝐧𝐭𝐚𝐛𝐥𝐞' 𝐟𝐨𝐫 𝐡𝐚𝐫𝐦𝐟𝐮𝐥 𝐜𝐨𝐧𝐭𝐞𝐧𝐭 ⚠️𝐄𝐱𝐞𝐜𝐮𝐭𝐢𝐯𝐞𝐬 𝐚𝐭 𝐬𝐨𝐜𝐢𝐚𝐥 𝐦𝐞𝐝𝐢𝐚 𝐜𝐨𝐦𝐩𝐚𝐧𝐢𝐞𝐬 𝐰𝐢𝐥𝐥 𝐛𝐞 𝐡𝐞𝐥𝐝 𝐩𝐞𝐫𝐬𝐨𝐧𝐚𝐥𝐥𝐲 𝐚𝐜𝐜𝐨𝐮𝐧𝐭𝐚𝐛𝐥𝐞 𝐟𝐨𝐫 𝐡𝐚𝐫𝐦𝐟𝐮𝐥 𝐜𝐨𝐧𝐭𝐞𝐧𝐭 𝐨𝐧 𝐭𝐡𝐞𝐢𝐫 𝐩𝐥𝐚𝐭𝐟𝐨𝐫𝐦𝐬, 𝐮𝐧𝐝𝐞𝐫 𝐧𝐞𝐰 𝐜𝐨𝐝𝐞𝐬 𝐨𝐟 𝐜𝐨𝐧𝐝𝐮𝐜𝐭 𝐝𝐮𝐞 𝐥𝐚𝐭𝐞𝐫 𝐭𝐡𝐢𝐬 𝐲𝐞𝐚𝐫. 🌟 Coimisiún na Meán -Ireland's media regulator, is working on a code of conduct for social media companies, which will be in place by the end of the year, according to the Taoiseach. 🗣️Simon Harris said Ireland was "ahead of many, many other European countries in our work in relation to this, and later this year, you'll see binding codes in place that will ... hit these companies where it hurts if they don't abide by the code, which is in the pocket, and will also have an ability to hold directors personally responsible because essentially, these social media companies aren't actually faceless, as people who make a hell of a lot of money from them and that's fine, but they also do need to abide by the laws of the land and accept their responsibility". ⬇️See more here ⬇️

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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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