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PRACTICE NOTES
This Practice Note discusses the background and implementation in Ireland of Regulation (EU) 2022/2065 of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC, the EU Digital Services Act (DSA), published in the Official Journal on 27 October 2022. It includes commentary on the impact of the DSA on the Irish market, information on the national competent authorities for enforcing the DSA in Ireland, Coimisiún na Meán and the Competition and Consumer Protection Commission (CCPC), and a brief summary of the application of, and obligations under, the DSA. Background Regulation (EU) 2022/2065 of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC is more commonly known as the DSA. The DSA, alongside other new laws including the Digital Markets Act, form a package of European legislation for the regulation of digital markets. The DSA is a response to the digital transformation of the last 20 years. It regulates digital services to address new risks and challenges for users, businesses and
PRACTICE NOTES
This Practice Note contains Q&As on the key features, including the implementation in Ireland, scope and key obligations imposed by the EU Digital Services Act (DSA) (Regulation (EU) 2022/2065). For a more detailed analysis, see Practice Notes: Ireland—The EU Digital Services Act and The EU Digital Services Act. What is the DSA? The DSA introduces a harmonised set of due diligence obligations that aims to keep users safe from illegal online content, including goods and services and to protect their fundamental rights online. It is built around an a four-tier model: baseline obligations apply to all intermediary services, with additional obligations applying to hosting services, online platforms/online marketplaces, and (at the top tier) very large online platforms (VLOPs) and very large online search engines (VLOSEs). The DSA sits alongside (and does not replace) data protection law. Where compliance measures involve personal data (for example, targeted advertising restrictions), organisations must also consider the EU GDPR and, in Ireland, engagement with the Data Protection Commission (DPC) may be relevant. What is the background and origin
PRACTICE NOTES
This Practice Note examines Directive (EU) 2023/970 of the European Parliament and of the Council of 10 May 2023 (EU Pay Transparency Directive) which strengthens the principle of equal pay for equal work, or work of equal value, through pay transparency and enhanced enforcement mechanisms. It covers the EU Pay Transparency Directive’s scope, key obligations on employers (including pay reporting, recruitment transparency, and workers’ rights to pay information), enforcement and remedies, the transposition deadline of 7 June 2026, and practical compliance steps for Irish employers. It also addresses the interaction with the Employment Equality Act 1998 (Ireland) (as amended, the EEA 1998 (IRL)) and the Gender Pay Gap Information Act 2021 (Ireland) (GPGIA 2021 (IRL)). This note does not address the detailed provisions of the GPGIA 2021 (IRL) in isolation, for that, see Practice Note: Ireland—Gender pay gap reporting. For further guidance on the broader EU equal pay framework, see Practice Note: EU employment—Equal treatment and equal pay. Background and purpose of the Directive The EU Pay
PRACTICE NOTES
This Practice Note contains Q&As on the key features of the implantation of the European Accessibility Act (EAA) in Ireland. For a more detailed analysis of the EAA, see Practice Note: The European Accessibility Act. What is the EAA? The EAA is Directive (EU) 2019/882, adopted in April 2019. It imposes accessibility requirements on manufacturers, authorised representatives, distributors, importers and service providers placing products or providing services in the EU. What is the background and origin of the EAA? The EAA builds on the European Disability Strategy 2010–2020. It is derived from the UN Convention on the Rights of Persons with Disabilities and is part of the Strategy for the Rights of Persons with Disabilities 2021–2030. How has the EEA been implemented in Ireland? The EAA was transposed into Irish law by SI No 636/2023 European Union (Accessibility Requirements of Products and Services) Regulations 2023 (Ireland) (SI No 636/2023 (IRL) (EAA Regulations 2023). The EAA Regulations 2023 came into operation on 28 June 2025. SI No 636/2023 (IRL), reg 38 provides for
NEWS
Prior to the forthcoming Four Jurisdictions Conference in Belfast, the leadership of the Four Bars issued a statement on the cab-rank rule. The cab rank rule is a fundamental obligation for the independent referral bar. The rule stipulates that barristers cannot discriminate between clients and must approach any case if it is within their competence, they are available and appropriately remunerated.
PRACTICE NOTES
This Practice Note provides an overview of the role of the Motor Insurers Bureau of Ireland (MIBI) in ensuring that victims of road traffic accidents are compensated when the other driver is uninsured. It considers the MIBI agreements and the role of EU law. It also considers the requirements for making a claim against MIBI and the conditions precedent to seeking compensation from MIBI. What is the Motor Insurers’ Bureau of Ireland? Motorists are legally obliged to have motor insurance under the Road Traffic Act 1961 (Ireland) (RTA 1961 (IRL)). The Motor Insurers Bureau of Ireland (MIBI) is a not-for-profit body set up by the government and the insurance industry to ensure that victims of road traffic accidents are compensated when the other driver is uninsured and/or unidentified, together with other more minor functions. The MIBI is funded by the insurance industry (and ultimately by drivers insurance premiums). All companies underwriting motor insurance in Ireland must be members of the MIBI and fund MIBI by means of payment of an annual
NEWS
The Minister for Enterprise, Trade and Employment, Peter Burke TD, has welcomed the report of Ireland’s Competitiveness Challenge 2024 which makes 20 targeted and actionable recommendations to government on the best ways to improve the competitiveness and productivity of the economy.
PRACTICE NOTES
Introduction The Personal Injuries Guidelines (Guidelines) were adopted by the Judicial Council (a body consisting of all judges in Ireland) under the Judicial Council Act 2019 (Ireland), s 7 (JCA 2019 (IRL)), on 6 March 2021 and commenced on 24 April 2021. The Guidelines, which replaced the Book of Quantum (BOQ), seek to ensure transparency and consistency in the assessment and award of damages for personal injuries. Both the courts and the Injuries Resolution Board (IRB) are obliged under s 22 of the Civil Liability and Courts Act 2004 (Ireland) and the Personal Injuries Assessment Board Act 2003 (Ireland), s 20 to ‘have regard to’ and justify departures in making awards. The Guidelines cover damages for pain and suffering (General Damages) in relation to a broad range of injuries but not out of pocket expenses such as medical expenses or compensation for loss of wages (Special Damages). While constituting a more detailed and comprehensive review, the Guidelines were not unanimously favoured, the Judicial Council having adopted
PRACTICE NOTES
This Practice Note explores the business activity of issuing electronic money (e-money) in or from Ireland. It addresses persons that can issue e-money, the application process for e-money institutions, permitted business activities, and offences which may arise for issuing e-money without authorisation. E-money—the regulatory framework The business activity of issuing e-money in or from Ireland is regulated under SI No 183/2011 European Communities (Electronic Money) Regulations 2011 (Ireland) (SI 183/2011 (IRL)). The Central Bank of Ireland (CBI) has not provided specific guidance on the meaning of ‘business activity’. The SI 183/2011 (IRL) implements the second Electronic Money Directive (Directive 2009/110/EC) (EMD2)—see Practice Note: EU regulation of electronic money—essentials. The SI 183/2011 (IRL) were further amended by SI No 6/2018 European Union (Payment Services) Regulations 2018 (Ireland) (SI 6/2018 (IRL)), which transposes into Irish law the second Payment Services Directive (Directive (EU) 2015/2366) (PSD2)—see Practice Note: EU regulation of payment services—essentials. What is e-money? E-money means electronically (including magnetically) stored monetary value as represented by a claim on the e-money
PRACTICE NOTES
This Practice Note provides an overview of the general application and interpretation of English case law in Ireland and examples of where similar and divergent approaches have been taken in the two jurisdictions on issues of contract law. It also considers the impact of Irish and EU legislation and the Constitution of Ireland (Bunreacht na hÉireann) on the application of Irish contract law, before providing a brief overview of the civil court system. Background to contract law in Ireland Ireland was a part of the UK until 1922 and retained a common law legal system and much UK legislation post-independence. Jurisprudence in Irish courts today continues to mirror that of the English and Commonwealth courts. Ireland remains a committed member of the EU single market and the eurozone. Furthermore, while Malta, as a member of the EU and EEA, has a mixed legal system, traditionally based on civil law with common law
PRACTICE NOTES
Introduction As a concept, the right to disconnect represents a response to the changes to work and health and safety challenges of an ‘always on’ culture which modern technologies have facilitated. The right also recognises the autonomy of the workforce by separating the individual from work and accepting individuals’ lives beyond work (whether they be family-oriented, or interests such as hobbies). Treatment of disconnection by legislators across the globe has followed a familiar pattern. Generally, the right to disconnect has been recognised as a discrete right which is then inserted into an existing framework (including employment law’s well-entrenched notion of subordination of the workforce to management). The meaning of the right to disconnect in Ireland has been elusive. The Workplace Relations Commission (WRC) issued a Code of Practice for Employers and Employees on the Right to Disconnect (the Code) which defines the right as ‘an employee’s right to be able to disengage from work and refrain from engaging in work-related electronic communications, such as emails, telephone calls or other messages,
PRACTICE NOTES
Maternity leave This Practice Note considers the right of an employee to return to work after maternity leave (ML) or additional maternity leave (AML) under ss 26 and 27 of the Maternity Protection Act 1994 (Ireland) as amended by the Maternity Protection Act 2004 (Ireland) (these acts together, the MPA 1994 (IRL)). The MPA 1994 (IRL) is the transposing legislation in Ireland for EU Directive 92/85 EEC (Pregnancy Directive) and EU Directive 2006/54/EC (recast) (Recast Directive). In addition to a statutory right to return to work after ML or AML, a right to maternity leave and to return to work thereafter can also exist separately as a contractual right. An employee is entitled to 26 weeks ML and up to 16 weeks AML from work. These are periods of protected leave during which the employee’s employment is deemed to continue. On the expiry of ML or AML an employee is generally entitled to return to work with their employer. An employee who is absent on maternity leave