Davinia Brennan

Firm/Organization: A&L Goodbody

Latest Articles

Data Protection Commission publishes guidance on DSARs

November 8, 2019

The Data Protection Commission (DPC) has published guidance which seeks to answer some of the most frequently asked questions in relation to Data Subject Access Requests (DSARs). Some of the key issues addressed in the guidance are set out below: Format of Request – The GDPR does not prescribe any particular method for making a valid DSAR. Accordingly, the DPC states that where a controller invites individuals to submit a DSAR through a designated online…

Ireland IP & Technology Law Blog

Government publishes Legislation Programme for Autumn 2019

By Davinia Brennan

September 18, 2019

The Government Chief Whip, Seán Kyne TD, has published the Government’s Legislation Programme for Autumn 2019. The Programme lists 32 priority Bills; 27 Bills currently before the Houses of the Oireachtas, and 69 Bills where preparatory work is underway. The key data protection and technology-related Bills are set out below. The Programme notes that work is underway on these Bills, but does not provide any indication as to when they will be published. Communications…

Ireland IP & Technology Law Blog

High Court blocks illegal live streaming of Premier League Games

By Davinia Brennan

September 4, 2019

For the first time, the Irish High Court has been asked to make a blocking order in regard to the illegal live streaming of Premier League games. Instead of watching Premier League games through legitimate and licensed services, some people were seeking to do so free of charge. The Court granted the blocking order, requiring five Irish ISPs (including Eir, Sky Ireland Ltd, Sky Subscribers Services Ltd, Virgin Media Ireland Ltd and Vodafone Ireland Ltd…

Ireland IP & Technology Law Blog

Government seeks submissions on online harassment

By Davinia Brennan

August 19, 2019

The Oireachtas Committee on Justice and Equality is seeking written submissions from stakeholders on the issues of online harassment, harmful communications and related offences. The invitation follows an announcement last May 2019, that the Government intends to draft, on a priority basis, amendments to the Harassment, Harmful Communications and Related Offences Bill 2017 . That Bill is based on a 2016 Report by the Law Reform Commission, which recommended reform and consolidation of criminal law offences…

Ireland IP & Technology Law Blog

A website operator embedding a Facebook ‘Like’ button is a joint controller with Facebook

By Davinia Brennan

August 8, 2019

In the Fashion ID case (C-40/17) , the Court of Justice of the European Union (CJEU) found that the operator of a website that features a plug-in (such as a Facebook ‘Like’ button), can be considered a joint controller with the plug-in provider, in respect of the collection and transmission to that plug-in provider of the personal data of visitors to its website. However the website operator will not be a joint controller or liable for any subsequent processing of…

Ireland IP & Technology Law Blog

E-Commerce platforms not obliged to make telephone number available to consumers

By Davinia Brennan

July 19, 2019

In Amazon EU Case C-649/17, the Court of Justice of the European Union (CJEU) held that the Consumer Rights (CR) Directive 2011/83/EU does not require an e-commerce platform to make a telephone number available to consumers before the conclusion of a contract. It is sufficient for traders, when concluding distance contracts with consumers, to use other means of communications, such as online chat services or telephone call-back, as long as consumers have a means…

Ireland IP & Technology Law Blog

EDPB Publishes Annual Report for 2018

By Davinia Brennan

July 17, 2019

The European Data Protection Board (EDPB) has published its Annual Report covering the period from 25 May – 31 December 2018. It provides an overview of the EDPB’s activities last year, and discusses the areas it intends to focus on in 2019-2020.…

Ireland IP & Technology Law Blog

ICO Announces Two Biggest GDPR Fines to Date on Marriott and British Airways

By Davinia Brennan

July 10, 2019

In the past two days, the UK Information Commissioner’s Office (ICO) has issued (potential) GDPR fines of £183.39m and £99.2m on British Airways (BA) and Marriott International Inc., respectively. These are the first fines to be issued by the ICO under the GDPR, and the biggest fines issued by an EU Data Protection Authority (DPA) to date. As the fines affected individuals in multiple Member States, the ‘one stop shop’ provisions in the GDPR apply,…

Ireland IP & Technology Law Blog

Advocate General delivers significant Opinion on scope of host providers’ obligation to remove illegal content

By Davinia Brennan

June 10, 2019

In the case of Eva Glawischnig-Piesczek v Facebook Ireland Ltd (Case C-18/18), the Advocate General (AG) of the Court of Justice (CJEU) was asked to clarify the scope of the obligation that may be imposed on a host provider to remove illegal information. Article 15(1) of the e-Commerce Directive 2000/31/EC (the Directive) prohibits Member States from imposing a general monitoring obligation on host providers, and the CJEU considered whether that provision precludes a court, in…

Ireland IP & Technology Law Blog

High Court confirms enforceability of jurisdiction clause agreed electronically by “click-wrapping”

By Davinia Brennan

May 9, 2019

In Ryanair dac v SC Vola.ro srl [2019] IEHC 239 the Irish High Court confirmed the enforceability of a jurisdiction clause contained within a website’s Terms of Use, finding the user had agreed to it via a “click-wrap” agreement. Following previous Ryanair screen-scraping cases, the court held the click-wrap agreement met the requirements of Article 25(1) (c) of the Brussels I Recast Regulation (EU 1215/2012) (the Regulation). The court rejected the defendant’s arguments that there had been no…

Davinia Brennan

Data Protection Commission publishes guidance on DSARs

Government publishes Legislation Programme for Autumn 2019

High Court blocks illegal live streaming of Premier League Games

Government seeks submissions on online harassment

A website operator embedding a Facebook ‘Like’ button is a joint controller with Facebook

E-Commerce platforms not obliged to make telephone number available to consumers

EDPB Publishes Annual Report for 2018

ICO Announces Two Biggest GDPR Fines to Date on Marriott and British Airways

Advocate General delivers significant Opinion on scope of host providers’ obligation to remove illegal content

High Court confirms enforceability of jurisdiction clause agreed electronically by “click-wrapping”

Stay Connected

Company

Support

New to the Network