This ‘How to’ guide sets out how to conduct a disciplinary or misconduct investigation in Ireland. Where a potential misconduct issue arises in the workplace, the first stage in managing that issue is to investigate the problem, to establish the facts of the case and determine a suitable response from the employer. This is essential if the employer is to act fairly and minimise the risk of unfair dismissal claims. The purpose of a disciplinary investigation A disciplinary investigation is undertaken to establish the facts and circumstances relating to an allegation of misconduct against an employee. It has two primary purposes: • to gather—in a fair and just manner—all the evidence and documentation that may be relevant to an allegation against an employee • to make a recommendation on whether the matter should give rise to a disciplinary action under the employer's formal disciplinary procedure Legal considerations and implications Those advising in this area will find it helpful to refer to: • Article 40 of the

This Practice Note sets out how to conduct an informal performance management meeting. It provides guidance on the structure of meetings, in particular, giving appropriate feedback, basic coaching skills and agreeing an action plan. An informal performance management meeting can usefully be divided into two phases: • explaining in discussion with the employee what the gap is between their actual performance and the performance that is expected of them, and then establishing what the reasons are for this under-performance • agreeing ideas on how to bridge that gap For further information on management of under-performance generally, see Practice Note: Ireland—How to manage under-performing employees. Establishing the nature of the under-performance and the reasons behind it While there will be a requirement for the manager to give a certain amount of feedback (see Feedback below), the most powerful tool to use during the meeting is effective questioning. The manager may be very aware of the issues, but it is important that the employee also recognises what the issues are and the reasons

Competition authorities with jurisdiction in Ireland, most notably the Competition and Consumer Protection Commission (CCPC) and where relevant, the European Commission, have wide-ranging powers to conduct unannounced inspections, known as ‘dawn raids’. These raids are a key investigative tool used in the enforcement of Irish and EU competition law, particularly in cases involving serious competition infringements such as suspected cartel activity, abuse of dominance, and wage fixing agreements. For businesses operating in Ireland, the arrival of the competition regulator’s authorised officers at their premises without prior warning can be both disruptive and high-risk. Companies need to be dawn raid-ready to work around the disruption and to protect their legal rights while complying with statutory obligations during an inspection. This Checklist sets out practical tips to consider before a dawn raid, which includes establishing a dawn raid response team, together with key actions to take during the raid, handling legally privileged information, and the next steps after the raid is concluded. Being equipped with knowledge on dawn

The concept of ‘ghosting’ has migrated from the realm of online dating into the employment sphere, where it now describes the abrupt cessation of communication by a candidate or resignation of an employee without explanation. In the workplace context, ghosting may arise at any stage of the employment lifecycle: a candidate may fail to attend an interview, accept an offer and not appear on the first day, or an existing employee may simply stop attending work without notice. The feature in each scenario is the absence of communication, leaving the employer uncertain as to whether the relationship has ended and, if so, on what legal basis. There is limited Irish research on the phenomenon, however there has been commentary over the years, such as a 2025 RTÉ article examining ‘career catfishing’ which suggests that the practice is becoming increasingly visible, particularly among younger cohorts. The RTÉ article, Is 'career catfishing' going on in your workplace?, refers to UK survey data which indicates that a significant

For further general guidance on executing simple contracts with links to related content, see: Ireland—Execution—overview. Preliminary considerations Before executing a contract, check that all the required elements for the formation and execution of the contract are present. For more information, see: Ireland—Initial contract considerations—checklist, and Practice Notes: Ireland—Contract law essentials and Ireland—Executing simple contracts and deeds. Contract formation Four key elements are required to effect valid contract formation, namely: • offer—a clear statement of the terms upon which an offeror (the party making the offer) is willing to contract, should the offeree (the party receiving the offer) choose to accept • acceptance—a final and unequivocal expression of agreement to the terms of an offer • consideration—given for the promise being made • intention to create legal relations—parties to an agreement must intend that the agreement will result in a legally enforceable contract For more information on the formation of contracts, see: Ireland—Formation and interpretation—overview. Form of document to be executed Contracts can be made: • orally • in writing, or

This Practice Note is a ‘how to’ guide on executing deeds which signposts relevant content. It includes a summary of what a deed is, the requirements for the valid execution of a deed, links to the execution formalities for different entities, other legal considerations, and practical points when executing a deed. A deed is a specific form of written instrument required for certain transactions. Deeds must be executed in accordance with statutory and common law formalities that go beyond a simple signature in order for the document to be valid and enforceable. For further general guidance on executing deeds with links to related content, including detailed guidance on deeds, see Practice Note: Ireland—Executing simple contracts and deeds. Preliminary considerations Do you need a deed? There are very few categories of transactions that require execution by deed. A legal estate or interest in land may only be created or conveyed by a deed. This includes transfers of land, mortgages and charges. In practice, leases of land are often executed as deeds but they are not required by

This Practice Note provides a high-level practical guide for in-house lawyers looking to improve their efficiency and workflow through use of GenAI. It includes steps to take to identify use cases, best practice for prompting, risk management and compliance, review and iteration, and knowledge sharing. Identify the task The first step is to identify your task—the starting point should always be ‘What am I actually trying to do, what will a successful outcome look like, and what are the steps that I need to take to get there’. Consider which part(s) of the task artificial intelligence (AI) can help with, for example: • creating initial drafts of contracts (or individual clauses), policies, letters, emails or other internal/external comms • reviewing contracts and contract clause identification • customising existing precedents, or drafting new templates • creating the initial draft of a project plan • summarising case law, legislation, or internal reports • redrafting existing documents to make legal language accessible to non-lawyers • creating legal research summaries • analysing and interrogating data • acting

This Practice Note is intended for private sector commercial organisations in Ireland. It provides practical guidance on how to handle data subject access requests (DSARs) under the EU General Data Protection Regulation (EU GDPR). It explains some common features of DSARs and the issues that can arise when handling such requests. This Practice Note also considers compliance strategies to best equip your organisation to manage the process for dealing with DSARs. Individuals have a number of rights in respect of their personal data under the EU GDPR including: • a right of access • the rights to rectification, erasure and restriction of processing • a right of data portability • a right to object to processing A data subject can make a request to a data controller to exercise one or more of these rights at any time. They do not need to explain their reasons for making a request and there are strict time limits for complying. Responding to a data subject request can be onerous and in most cases you cannot

Given the cross-border nature of many banking transactions, it is common for the principal legal advisors for lenders and borrowers to need to instruct local lawyers to provide advice on local law. This Practice Note gives practical advice on instructing and managing local counsel and covers: • the role of local counsel • instructing local counsel as principal legal advisers for the lender or borrower, and • the role of the principal legal advisers in managing local counsel Role of local counsel When to appoint local counsel In general, local counsel will need to be appointed in any situation where: • the client needs advice on local law • there are documents to be drafted and/or entered into which are governed by law other than the law of Ireland, and • any document governed by Irish law is to be entered into by an overseas company Instructing a local firm may not be necessary if the principal firm has people qualified in that

This Practice Note is a ‘how to’ guide on managing defamatory social media posts. It includes a summary of what defamation is, the laws that apply in Ireland, and the measures and steps to take if dealing with a defamatory post. What laws apply to defamation? Defamation is primarily governed by the Defamation Act 2009 (Ireland) (DA 2009 (IRL)), as amended by the Defamation (Amendment) Act 2026 (Ireland) (D(A)A 2026 (IRL)). It must be viewed in the constitutional balancing act of a citizen’s protected right to a good name against the constitutional guarantee of free expression. The European framework governing intermediary liability was originally implemented in Ireland through the SI No 68/2003 European Communities (Directive 2000/31/EC) Regulations 2003 (Ireland). Where defamatory material is published online, the EU Digital Services Act, Regulation (EU) 2022/2065 (EU DSA) (implemented in Ireland via the Digital Services Act 2024 (Ireland)) also applies to intermediary service providers such as social-media platforms and website hosts. For further guidance on the EU DSA more generally,

Data security is a cornerstone of the EU General Data Protection Regulation (EU GDPR). The sixth data protection principle (the integrity and confidentiality principle) requires you to take appropriate technical and organisational measures to process personal data in a manner that ensures appropriate security, including: • protection against unauthorised or unlawful processing • accidental loss, destruction or damage This Practice Note reflects Data Protection Commission (DPC) guidance on personal data breaches under the EU GDPR. It also reflects guidance issued by the European Data Protection Board (EDPB). Data security requirements Article 32 puts more flesh on the bones of the GDPR’s integrity and confidentiality principle. You are required to implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, taking into account: • the nature, scope, context and purpose of processing • the risk of varying likelihood and severity for the rights and freedoms of data subjects Your security measures should include, as appropriate: • the pseudonymisation and encryption of personal data • the ability

This Practice Note provides guidance for Irish employers on how to prepare and implement a successful personal development and appraisal process. The essence of any performance management process is the relationship between employee and manager. Both should know what needs to be done to meet their own goals and contribute to those of the organisation as a whole. The importance of appraisals An effective performance management process focuses on: • aligning the workforce with the strategic aims of the business • improving employee performance • supporting employee development and retention • driving better business results Good performance management helps employees and managers to understand: • what the business is trying to achieve • their role in helping the business achieve its goals • the skills and competencies that they need to fulfil their role • the standards of performance required • how they can develop their performance and contribute to the development of the business • how they are doing • when there are performance problems Linking the appraisal process