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PRECEDENTS
This Precedent is a sample workplace policy for an employer to issue as a stand-alone policy or include in an employee handbook, setting out the employer’s policy in relation to hybrid working, sometimes known as agile working, blended working or split working, where staff attend the workplace for part of their working time and work from home or elsewhere remotely for part of their working time. For a sample letter: • for an employer to send to its employees to introduce the employer’s hybrid working policy and to invite employees whose roles have been designated as suitable for hybrid working to apply for hybrid working arrangements under this Precedent policy, see Precedent: Letter—from employer introducing hybrid working policy • for an employer to send to an employee confirming that the employee has moved to a hybrid working arrangement under this Precedent policy, see Precedent: Letter—from employer to employee regarding hybrid working arrangements • for an employer to send to an employee rejecting an employee’s application to move to a hybrid working arrangement under this Precedent policy, see Precedent: Letter—from employer to employee
PRECEDENTS
General This Precedent is a general information security policy, or data security policy, for Irish companies that identifies, at a high level, their obligations to keep company information secure. It is designed to address an employer’s obligation, as a controller, under Regulation (EU) 2016/679, General Data Protection Regulation (EU GDPR), to process personal data in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical and organisational measures (the sixth EU GDPR data protection principle: integrity and confidentiality). The controller is responsible for, and must be able to demonstrate, compliance with the principles. Organisations must implement appropriate technical and organisational measures to demonstrate that they have considered and integrated data compliance measures into their data processing activities. The security measures used should be 'appropriate to the risk', taking into account the state of the art, the costs of implementation, the nature, scope, context and purposes of processing as well as the likelihood and severity of the risk to individuals if security is breached.
PRECEDENTS
This Precedent is an internal-facing policy for an employer’s use in relation to employees, other workers and contractors, dealing with the use and monitoring of email, telephone, internet and other electronic communications systems, networks and equipment. It is designed for an employer to include in a staff handbook or use as a stand-alone policy. This material considers the EU GDPR regime, and legislative links are to Regulation (EU) 2016/679, EU General Data Protection Regulation (EU GDPR), except where expressly stated otherwise. This Precedent has been drafted to take account of Regulation (EU) 2016/679, EU GDPR and DPA 2018 (IRL). For a basic, short-form policy, which may be more suitable for a small or medium-sized employer which does not have complex IT systems, see Precedent: Ireland—Policy—internet, email and communications (short form). This Precedent does not cover issues specifically relating to social media. See instead Precedent: Ireland—Policy—social media. An employer may wish to deal with social media and internet, email and communications together, in which case the relevant provisions from the two policies can be combined. The need for an internet,
PRECEDENTS
This Precedent is a basic, short form, internal-facing policy for an employer’s use in relation to employees, other workers and contractors, dealing with the use and monitoring of email, telephone, internet and other electronic communications systems, networks and equipment. It is designed for an employer to include in a staff handbook or use as a stand-alone policy. This Precedent has been drafted to take account of Regulation (EU) 2016/679, EU General Data Protection Regulation (EU GDPR) and the Data Protection Act 2018 (Ireland) (DPA 2018 (IRL)) For a basic short-form policy, see Precedent: Ireland—Policy—internet, email and communications. This Precedent does not cover issues specifically relating to social media. See instead Precedent: Ireland—Policy—social media. An employer may wish to deal with social media and internet, email and communications together, in which case the relevant provisions from the two policies can be combined. The need for an internet, email and communications policy There are a number of reasons why employers should have written policies in place regarding monitoring at work: • to help protect the employer against vicarious liability
PRECEDENTS
General This Precedent is a long-form maternity policy, suitable for inclusion in a staff handbook or use as a stand-alone policy. This maternity leave policy reflects the minimum leave rights under the Maternity Protection Act, 1994 (Ireland), the Maternity Protection (Amendment) Act, 2004 (Ireland), the Adoptive Leave Acts 1995 (Ireland)and Adoptive Leave Act 2005 (Ireland)and the Work Life Balance and Miscellaneous Provisions Act 2023 (Ireland). When drafting and operating this policy the employer will need to bear in mind discrimination issues. Maternity leave The basic rights are to take up to one year's leave, regardless of the employee's length of service. This is made up of up to 26 weeks' ordinary maternity leave (OML) and up to 16 weeks' additional maternity leave (AML). There is a period of two weeks' compulsory maternity leave during which the employee is not permitted to work. Maternity leave rights are only available to employees under a contract of employment. Maternity pay If the employee meets the qualifying conditions for social welfare maternity benefit (from the Department of Social Protection), up to 26 weeks
PRECEDENTS
General This Precedent is a long-form paternity leave policy, suitable for inclusion in a staff handbook or for use as a stand-alone policy, covering the right to paternity leave and paternity benefit in relation to the birth of a child or the adoption of a child. This Precedent policy contains limited drafting options, as the policy reflects the statutory minimum rights. However, the drafting notes identify: • areas where employers may wish to consider being more generous than the statutory minimum, and • areas where other policies, eg relating to other forms of leave or redundancy during leave may be relevant and which may need to be considered when drafting this policy 1 Introduction 1.1 This policy outlines the arrangements for paternity leave following the birth or placement for adoption of a child. The policy is designed to be comprehensive and contains a summary of the main statutory rights which employees have [and any additional benefits the Company may, at its discretion, provide]. 1.2 Paragraph 1.2—Length of Service There is no length of service requirement in Ireland for an employee to be entitled to Paternity Leave. This policy applies
PRECEDENTS
This Precedent is a social media policy for an employer to use in relation to employees and other workers, dealing with work-related and personal use of social media, approved platforms, monitoring and conduct issues. It is designed to be included in an employee handbook, or to be used as a stand-alone policy. It takes account of: • Regulation (EU) 2016/679,EU GDPR and the Data Protection Act 2018 (Ireland), and • Although the Article 29 Working party Opinion is primarily based on Directive 95/46/EC, the Data Protection Directive, it also ‘looks towards’ the obligations under Regulation (EU) 2016/679, EU GDPR. The Article 29 Opinion considers separately the screening of an individual’s social media profile: • during the recruitment process and • during employment 1 Introduction Paragraph 1.1—Introduction: reference to internet, email and communications policy For a sample internet, email and communications policy, see Precedents: Ireland—Policy—internet, email and communications or Ireland—Policy—internet, email and communications (short form). 1.1 The Company recognises that the internet and social media platforms are used as a means of communication both at work and at home. This policy outlines the standards we require staff to observe
PRECEDENTS
This Precedent is a generative artificial intelligence policy for a company to use in relation to staff, dealing with work-related and personal use of Gen AI, including use in internal and external communications, and the incorporation of Gen AI by staff in the design and development of any of the company’s products or services. It may be included in an employee handbook, or could be used as a stand-alone policy. There are many advantages to be gained, particularly in terms of efficiencies, in the use and implementation of Gen AI technologies, both within a company’s internal processes and as well within its products and services. However, Gen AI also carries risks and this policy attempts to mitigate these. 1 Introduction Paragraph 1.1 Where the company has developed a set of principles for the responsible use of AI, these should be referred to in this introduction, as per the optional text. The company may also wish to refer to other applicable policies eg data protection, acceptable use. Companies and industries vary in their approach to, use of and risk
CHECKLISTS
At completion, the loan monies move between the parties and the transaction is ‘completed’. In a simple corporate facility, this will involve money moving from the lender to the borrower. In other types of financing, such as acquisition or asset financing, this will usually involve money moving from the lender(s) to the borrower or existing lender (if its loan is being refinanced) and then from the borrower (as purchaser) to the seller of the business or asset. After completion, the lender’s lawyers have to deal with a number of legal and practical matters. This Checklist outlines the key issues to be dealt with by the lender’s lawyers after completion, including: • perfecting security • dealing with any conditions subsequent • complying with solicitors’ undertakings • dealing with the original documents and preparing transaction bundles, and • billing the client These issues will be relevant to the majority of transactions and apply to bilateral and syndicated facilities alike. Perfecting security Registration at the Companies Registration Office (CRO) • Identify all charges
PRACTICE NOTES
Timing This phase of a loan transaction occurs after completion. It should be a short phase which is completed as soon as possible but can often take longer than expected. What happens during this phase? There are various steps that may be required after completion of a loan transaction, some are legal in nature and some are administrative. Secured transactions Once security documents are executed, in many cases it will be necessary to undertake further steps to 'perfect' the security. Perfection is the means by which security is made enforceable against certain third parties (but not necessarily all third parties). Perfection can be achieved in a number of ways and the correct way of perfecting a particular
PRECEDENTS
Paragraph 1—Appointment and powers This paragraph 1 sets out the extent of the attorney’s authority in full (ie the attorney may do any act or execute any document as is necessary or desirable in connection with the relevant transaction). It is drafted in wide terms and reference is then made to specific actions and documents which do not limit the general power. It will need to be adapted to fit the transaction. Ensure that the powers specified cover everything the attorney will or may need to do. The donor must obviously have faith in the ability of the attorney to carry out all of the relevant powers granted under the document, otherwise there would be little point entering into the power of attorney. 1 Appointment and powers We, [insert name of company] a company incorporated in [Ireland] under number [insert registered number] whose registered office is at [insert address] (Company), HEREBY APPOINT on [insert date] [insert name of attorney] of [insert address of attorney] to be the Company’s true and
PRACTICE NOTES
This Practice Note supplements Practice Note: Ireland—Trade secrets and confidential information, which identifies when legal confidentiality obligations arise and how these are typically dealt with in commercial contracts. Often businesses refuse to disclose information on the basis that this would breach confidentiality obligations. This Practice Note looks at how confidential information can be protected and how those objections can be overcome. Protection when creating information Clear contractual drafting It is important that confidentiality clauses are tightly drafted. For example, confidentiality clauses typically permit disclosures of confidential information where required by ‘applicable law’. If it is intended to allow disclosures permitted by ‘Irish’ law (as opposed to a foreign law) this should be made clear. Apart from confidentiality clauses, the use and disclosure of confidential information can also be restricted by other clauses. In particular, these include data protection clauses (which often restrict the use that can be made of personal data, ie information about particular individuals) and intellectual property clauses (which may restrict the use of databases). It is important