This Practice Note offers practical guidance on the implementation of the EU Digital Operational Resilience Act, Regulation (EU) 2022/2554 (DORA) in Ireland. On 17 January 2025, Regulation (EU) 2022/2554 of the European Parliament and of the Council of 14 December 2022 on digital operational resilience for the financial sector (DORA) entered into force in Ireland and across the EU. This Practice Note provides a high-level summary of the key requirements of DORA and more detailed information on Irish implementing legislation relating to DORA along with information on Irish regulatory guidance, commentary, template documentation and expectations that are relevant to financial entities regulated in Ireland that are subject to DORA. DORA key requirements DORA applies to the broad range of financial entities identified in Article 2(1) of Regulation (EU) 2022/2554 (DORA). The requirements of DORA generally fall under five pillars. 1. ICT risk management framework: financial entities must have an oversight and internal governance framework in place for ICT risk management

Background By 2 December 2026, EU Member States must have implemented the Platform Work Directive (Directive (EU) 2024/2831) (PWD), which was adopted on 23 October 2024 and published on 11 November 2024. This Practice Note considers how reclassification (pursuant to Article 5) may be implemented in Ireland. The working assumption is that Ireland will consider its existing law (statutes and common law) on employment status as sufficient to implement the PWD. Before discussing the current content of the PWD, there is an important context into which the current version must be inserted. The headline of the original proposed directive was the presumption of employment for individuals providing services on labour platforms. The 9 December 2021 version of the proposed directive (COM(2021) 762 final) introduced the original presumption of employment framework, setting out a presumption of an employment relationship where a labour platform controls the performance of work. The presumption was triggered when two of five criteria were met (Article 4(2)). Since that time, the proposal has been significantly amended. For

This Precedent Impromptu contract audit meeting questions will enable you to ensure all the important topics that you need to discuss with each area of your organisation are covered. It is designed to enable you to capture as much information as possible to assist you to: • understand all the different procurement processes used in your organisation • understand the ways in which contracts are managed across your organisation

This Practice Note sets out some key issues for in-house lawyers in Ireland working on lending transactions. It is written for banking and finance lawyers working in banks and other financial institutions. The extent of an in-house counsel’s involvement in a lending transaction will be dictated by the ambit of their role and to a large extent by the complexity of the transaction. In some organisations, an in-house counsel will have a purely 'advisory' role setting out relevant policies for the business teams to implement and as such will not be actively involved in the day-to-day running of a lending transaction but will step in on ad hoc business queries and where a deviation of policy occurs. Conversely in other organisations, the in-house counsel will have a 'transactional support' role pursuant to which such counsel will be actively involved in the day-to-day running of a lending transaction with the business or commercial team (this may range from a purely legal support role to a transaction management/execution

This Practice Note provides an overview of the procedure for incidental applications which may arise during the course of civil proceedings, including adding, substituting or removing a party, third party procedure, amending pleadings and the joinder of claims. Scope of this Practice Note This Practice Note deals with incidental applications which are made to a court. It covers the addition, substitution and removal of parties, including third and fourth parties, and the correction of errors in the title of proceedings. The factors which must be considered when changing parties in personal injury actions are discussed in light of recent case law and statutes which particularly affect this area. The procedure for amending pleadings is discussed generally, and the specific procedure which applies in the Superior Courts is outlined, along with the joinder of several claims in each of the court jurisdictions. This note intends to provide a thorough discussion on changing parties and amending pleadings and claims. For guidance on injunctions, see Practice

What is a company? A company is a separate legal entity, distinct from its members. It is owned by its members and it is managed by its directors. It is regulated by the Companies Act 2014 (Ireland) (CA 2014 (IRL)). The company is a very commonly used business vehicle; there are over 300,000 registered companies in Ireland and approximately 88% of those are private companies limited by shares (LTD). The following types of company are available under CA 2014 (IRL): • LTD • designated activity company (DAC) • company limited by guarantee (CLG) • public limited company (PLC) • unlimited company • investment company (which are a form of public limited company), and • undertaking for collective investment in transferable securities (UCIT) This Practice Note covers the incorporation of an LTD, which is the most common type of company used in Ireland. Why incorporate an LTD? One of the key reasons for choosing to incorporate an LTD as a form of business vehicle (as opposed to a sole trader,

Put simply, direct discrimination is when the reason you are treated less favourably is a protected ground in itself. Article 2(1)(a) of Council Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) (Recast Directive) captures it this way, namely, a person is treated less favourably because of their sex than someone else is, was, or would be in a comparable situation. Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (Race Equality Directive), and the Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (Framework Directive), use the same basic formula for their respective grounds. By contrast, indirect discrimination is not about overt bias. It happens when an apparently neutral rule, criterion, or practice puts people with a protected characteristic at a

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 a share purchase transaction where the target is a limited liability company. This Checklist focuses exclusively on the information technology (IT) assets and associated Intellectual Property Rights (IPRs) aspects of the transaction, and is intended to be used in conjunction with due diligence enquiries in other areas such as general corporate, data protection, intellectual property, accounting and tax and as to financial position. This Checklist is not intended for use to the extent the focus is on IT assets or services sold or otherwise made available by the business. For a checklist designed to highlight issues commonly arising, and key questions that should be asked, when undertaking due diligence in the course of acquiring a software business, see: Ireland—Buying a software business: due diligence—checklist. Buyer checklist for proposed share purchase agreement The third column can be used to record observations

This Checklist provides guidance to drafters of contracts and their clients on the initial contract considerations when entering into contracts generally. Businesses enter into contracts on a daily basis covering many different aspects of their business. It is important that commercial entities understand and address the negotiation and performance of the contracts that they enter into. This Checklist is intended to give guidance to drafters of contracts and their clients on the initial contract considerations when entering into contracts generally. It does not address the particular considerations of specific contracts. For more detailed information on other considerations which may be relevant at the outset of a contract negotiation, see also: • Ireland—Commercial contract drafting and review—checklist • Ireland—Commercial contract review and execution (business personnel)—checklist Consideration Description Set objectives Consider:—what you want to achieve—whether it is realistic, and—whether you have a clear understanding of the purpose of the agreementIt is important that both sides to an agreement are aligned in their thinking. The core of any contract is agreement and if there is either misunderstanding

Introduction Arbitration is a well-established and widely used method for resolving disputes in Ireland, including in the insurance and reinsurance sectors in Ireland. It offers parties access to a confidential, flexible, and potentially speedier resolution to their dispute than litigation through the courts. This is particularly so in complex or technical matters where having an arbitrator/arbitral tribunal with industry-specific expertise can be beneficial. Ireland’s arbitration framework is governed by the Arbitration Act 2010 (Ireland) (AA 2010 (IRL)), which incorporates AA 2010 (IRL), Sch 1 (UNCITRAL Model Law on International Commercial Arbitration (Model Law)), aligning domestic arbitration practice with international standards and is supported by a judiciary that is generally pro-arbitration. AA 2010 (IRL) applies to all arbitrations seated in Ireland whether domestic or international, commercial or non-commercial in nature. The ‘seat’ refers to the legal place of arbitration, which determines the procedural law governing the arbitration and the courts with supervisory jurisdiction (eg for challenges or enforcement). It is a legal concept, not necessarily the physical

Scope of this Practice Note This Practice Note provides guidance on an insurance portfolio transfer pursuant to: • section 13 of the Assurance Companies Act 1909 (Ireland)(ACA 1909 (IRL)) • section 36 of the Insurance Act 1989 (Ireland) (IA 1989 (IRL)) • SI No 485/2015 European Union (Insurance and Reinsurance) Regulations 2015 (Ireland), reg 41 (the Solvency II Regulations (IRL)) It examines what transactions qualify as insurance portfolio transfers and the roles of the Central Bank of Ireland (CBI) and the High Court in the regulation and approval of insurance portfolio transfers. Insurance portfolio transfers Consistent with the common law of contract, an insurer is not able to transfer the burden of its obligations under a contract of insurance without the consent of the policyholder. A novation agreement between the original insurer, the policyholder and the substitute insurer is, as a general rule, necessary to ensure the effective transfer of an insurer's obligations pursuant to an insurance policy. As an exception to this rule, an insurance portfolio transfer

The ScheduleIntellectual Property Rights The Schedule—Intellectual Property Rights This Precedent Intellectual Property Rights Schedule will generally be used in conjunction with a definition for intellectual property rights. When intellectual property rights or individual intellectual property rights are defined, it is sometimes beneficial to exhaustively or non-exhaustively set out the intellectual property rights concerned in