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PRACTICE NOTES
What is BYOD? Bring your own device (BYOD) refers to arrangements where an organisation allows employees to connect to its corporate IT network using their own communications devices, for specific, work-related purposes. BYOD arrangements may cover a range of devices, including laptops, tablets and smartphones. This Practice Note focuses on BYOD in the employment relationship. Key risks and benefits of BYOD Risk or benefit Potential benefits Potential downsides and risks Cost savings There is a cost saving for the organisation:—in not having to invest in procurement, replacement and management of devices for employees—depending on the arrangements for sharing costs, in relation to service charges The organisation will still need to make some investment in technical solutions, training and support to enable BYOD access by employees (which may in some cases make it more expensive).If an organisation stops buying devices for employee use under existing contracts with their communications provider (which often bundle a range of products and services together), this may impact discounts received on other product/service lines. It is important, therefore,
PRACTICE NOTES
Background Background to the Energy Performance of Buildings Directive 2010/31/EU and the EU Energy Performance of Buildings Directive (EU) 2024/1275 (recast) Energy Performance of Buildings Directive 2010/31/EU (2010 EPBD) introduced specific requirements with regard to energy savings in buildings across all EU Member States. For further information on 2010 EPBD, see Practice Note: EU Energy Performance of Buildings Directive 2010/31/EU—snapshot. The 2010 EPBD was transposed into Irish Law by SI No 243/2012 European Union (Energy Performance of Buildings) Regulations 2012 (Ireland) (SI 243/2012 (IRL)). In 2020, developments at an EU level led, as part of the European Green Deal, to the Commission publishing its Renovation Wave Strategy. Its objectives are to at least double the annual energy renovation rate of residential and non-residential buildings by 2030. The strategy identifies three key areas as priorities for policy and financing in the buildings sector: tackling energy poverty and the worst performing buildings, renovating public buildings, and decarbonising heat. In order to meet these goals, the EU Energy Performance of Buildings
NEWS
The Minister for Finance, Michael McGrath TD, is encouraging businesses availing of the Tax Debt Warehousing scheme to engage with Revenue ahead of the 1 May 2024 deadline to discuss their individual circumstances and agree arrangements to address their liabilities.
CHECKLISTS
This Checklist has been drafted for use by the buyer and is designed to highlight issues commonly arising, and key questions that should be asked, when undertaking due diligence in the course of acquiring an Irish software business. Similar issues will be relevant whether the transaction involves buying the assets or the shares (although differences have been highlighted where appropriate). This focuses on the software assets and associated intellectual property (IP) aspects of the transaction, and is intended to be used in conjunction with due diligence enquiries in other areas such as general corporate, accounting and tax and as to financial position. The purpose for which the buyer is acquiring the business will inform the extent and nature of the due diligence enquiries that need to be undertaken. This scenario is different to where a non-IT business that has some IT and IP assets, such as IT systems and a trade mark, is being acquired. Buyer checklist for proposed software business acquisition The third column can be used to record observations or comments
NEWS
The Central Bank of Ireland (CBI) has issued five warning notices on 7 May 2024. The warning notices fall into two distinct categories.
NEWS
Central Bank of Ireland (CBI) Deputy Governor, Vasileios Madouros, has concluded the CBI’s Macroprudential Policy for Investment Funds Conference with an address titled, 'Developing a macroprudential lens in the regulation of investment funds, priorities ahead’ on 20 May 2024.
NEWS
The Institute of International Finance and Amazon Web Services hosted a ‘6 Months to Dora’ (Digital Operational Resilience Framework) event on 28 June 2024. The director of the Central Bank of Ireland (CBI), Gerry Cross, made remarks focusing on the implementation of DORA to achieve enhanced digital operational resilience in European financial services.
PRACTICE NOTES
ARCHIVED: This archived tracker monitors enforcement action taken by Central Bank of Ireland (CBI) and provides a summary of the reasons for action and the penalties given. Date Action Against Subject of Action Penalty 20 December 2018 RSA Insurance Ireland DAC RSA Insurance Ireland DAC (RSAII) were fined and reprimanded by the CBI for regulatory breaches relating to large loss claims and accounting irregularities. The breaches concerned failure to establish and maintain Technical Reserves in respect of all underwriting liabilities assumed by it, failure to have administrative and accounting procedures and internal control mechanisms which are sound and adequate, and failure to have robust governance arrangements. RSAII has admitted to these breaches Fined €3,500,000 and reprimanded 11 December 2018 Tom McMenamin Tom McMenamin was fined and disqualified by the CBI in respect of his
PRACTICE NOTES
ARCHIVED: This archived tracker monitors enforcement action taken by Central Bank of Ireland (CBI) and provides a summary of the reasons for action and the penalties given. Date Action Against Subject of Action Penalty 7 November 2019 Savvi Credit Union Limited Savvi Credit Union Limited were fined by the CBI for failure to comply with the requirements for long-term lending and the restriction on paying remuneration to directors. Savvi Credit Union Limited breached three provisions of the credit union legislation. The breaches relate to failure to comply with the CBI’s limit for long-term loans, failure to put in place appropriate systems, controls and governance arrangements to manage long-term lending, and paying remuneration to
PRACTICE NOTES
ARCHIVED: This archived tracker monitors enforcement action taken by the Central Bank of Ireland (CBI) and provides a summary of the reasons for action and the penalties given. Date Action Against Subject of Action Penalty 24 September 2020 KBC Bank Ireland PLC KBC Bank Ireland plc (KBC) were reprimanded and fined by the CBI for regulatory breaches affecting tracker mortgage customer accounts. KBC has admitted in full to twelve regulatory breaches concerning certain tracker mortgage customers holding 3,741 customer accounts from June 2008 to October 2019 Fined €18,314,000 and reprimanded 3 September
PRACTICE NOTES
ARCHIVED: This archived tracker monitors enforcement action taken by the Central Bank of Ireland (CBI) and provides a summary of the reasons for action and the penalties given. Date Action Against Subject of Action Penalty 2 December 2021 The Governor and Company of the Bank of Ireland The Governor and Company of the Bank of Ireland were fined and reprimanded by the CBI for breaches pertaining to its IT service continuity framework and related internal controls failings Fined
PRACTICE NOTES
ARCHIVED: This archived tracker monitors enforcement action taken by the Central Bank of Ireland (CBI) and provides a summary of the reasons for action and the penalties given. Date Action Against Subject of Action Penalty 9 December 2022 AXA Life Europe DAC AXA Life Europe DAC were fined and reprimanded by the CBI for failures in Corporate Governance and Risk Management and handling of Conflicts of Interest Fined €3,640,000 and reprimanded. 16 November 2022 Mercer Global Investments Management Limited Mercer Global Investments Management Limited were fined and reprimanded by the CBI for