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This Practice Note contains a jurisdiction-specific Q&A guide to data protection and privacy in Ireland published as part of the Lexology Getting the Deal Through series by Law Business Research (published: May 2021).
Authors: Walkers—Shane Martin; Conor Daly; Susan Battye
Since 25 May 2018, the key legislative instrument applicable in Ireland for the protection of personally identifiable information (PII) has been the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679). The Irish Data Protection Acts 1988 to 2018 (the DPA) supplement and give further effect to the GDPR. Data protection is a fundamental right set out in article 8 of the EU Charter of Fundamental Rights and Irish courts have also recognised the right to privacy as one of the unenumerated rights recognised by the Irish constitution.
The legislative framework for the protection of PII also includes the Law Enforcement Directive (Directive (EU) 2016/680) in the context of criminal investigations and prosecutions. The Law Enforcement Directive is transposed into Irish law by the DPA.
The final key element of the legislative framework in Ireland is the European Communities (Electronic Communications Networks
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SRA Code of Conduct for individuals and firmsThis Practice Note provides guidance on the SRA Codes of Conduct, contained in the SRA Standards and Regulations, in force from 25 November 2019. The SRA Standards and Regulations include two Codes of Conduct—a Code forSolicitors, RELs and RFLs and a Code
Sale of treasury sharesA limited company may hold, or deal with, shares in itself, if certain conditions set out in the Companies Act 2006 (CA 2006) are met. Those shares are held in treasury and referred to as the company's treasury shares.The treasury shares regime is set out in CA 2006, ss
Perverting the course of justiceElements of the offence of perverting the course of justicePerverting the course of justice is a common law offence which can only be tried on indictment in the Crown Court. The elements of the offence are:•a person acts or embarks on a course of conduct•which has a
Tort—the different types of tortThis Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers'
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