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Ireland IP & Technology Law Blog

Government publishes Legislation Programme for Autumn 2020

By Davinia Brennan

September 17, 2020

The Government has published its legislation programme for Autumn 2020. The programme includes: 30 priority Bills; 50 Bills that are expected to undergo pre-legislative scrutiny; 87 Bills where preparatory work is underway, and 14 Bills which are currently before the Oireachtas. Key Bills of relevance to the data protection, commercial and technology sector include: Priority Legislation Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill – This Bill will provide for the…

Ireland IP & Technology Law Blog

E-commerce operators not liable for trade mark infringement for mere storage of infringing goods

By Alice Chaplin

July 31, 2020

The Court of Justice of the European Union (CJEU) has made an important ruling for brand owners, online marketplaces and retailers alike, in finding that Amazon is not liable for unwittingly stocking trade mark infringing goods on behalf of third party sellers.…

Ireland IP & Technology Law Blog

Is a functional shape precluded from copyright protection?

By Alice Chaplin

July 9, 2020

In a recent case, the Court of Justice of the European Union (CJEU) considered whether a functional shape is precluded from copyright protection. The case was referred from the Commercial Court of Liège (Belgium) (C-833/18). Background The original case before the Commercial Court of Liège concerned a claim for copyright infringement brought by an English company, Brompton Bicycle Ltd (Brompton). Since 1987, Brompton has marketed and sold folding bicycles. The Brompton Bicycle, which…

Ireland IP & Technology Law Blog

DPC publishes Regulatory Activities Report for 2018-2020

By Davinia Brennan

June 26, 2020

The Data Protection Commission (DPC) has published a two year Regulatory Activities Report, which reviews the range of its regulatory tasks from 25 May 2018 to 25 May 2020. The Report notes that the purpose of the two-year assessment is “to provide a wider-angled lens through which to assess the work of the DPC since the implementation of the GDPR; in particular, to examine wider datasets and annual trends to see what patterns can…

Ireland IP & Technology Law Blog

EDPB issues statement on restrictions on data subject rights during the Covid-19 crisis

By Grace Moore

June 15, 2020

The European Data Protection Board (EDPB) has adopted a statement on restrictions on data subject rights in connection with the state of emergency in Member States. The EDPB emphasises that, despite the international crisis, the GDPR remains applicable and allows an efficient response to the pandemic, while still protecting fundamental rights and freedoms. The EDPB’s statement was made in response to a Hungarian government decree dated 4 May 2020. The decree sets out certain derogations…

Ireland IP & Technology Law Blog

Belgian DPA issues €50,000 fine for DPO’s conflicting company roles

By Grace Moore

May 29, 2020

The Belgian Data Protection Authority (Belgian DPA) recently imposed a €50,000 fine on a large telecommunications operator (the company), for failing to comply with the GDPR in relation to the appointment of their Data Protection Officer (DPO). The Belgian DPA decided that the DPO’s tasks and duties under the GDPR conflicted with its role as Head of Audit, Risk and Compliance.…

Ireland IP & Technology Law Blog

EDPB publishes Annual Report for 2019

By Steven Craig

May 25, 2020

The European Data Protection Board (EDPB), the body tasked with ensuring consistent application of the GDPR across Europe, has published its annual report for 2019. As we approach the two year anniversary of the GDPR, the EDPB Chair refers to a “common data protection culture” emerging as a result of the continued cooperation between European Data Protection Authorities (DPAs). The following are some of the key points from the EDPB’s activities in 2019.…

Ireland IP & Technology Law Blog

Data Protection Commission publishes tips for video-conferencing

By Alice Chaplin

April 24, 2020

With the significant increase in the number of people working from home due to the Covid-19 pandemic, the use of video-conferencing technologies and applications (VC Technology) by businesses for both internal and external meetings has seen a sharp increase. Similarly, there has been a surge in individuals relying on the various VC Technologies available to make sure they can still have their Friday after-work drinks, attend their weekly quiz nights, continue their monthly book clubs…

Ireland IP & Technology Law Blog

DPC publishes Report and Guidance on cookies following a “cross-sector and cross-size” sweep of website operators

By James McCarthy

April 17, 2020

On 6 April 2020, the Data Protection Commission (DPC) published a report on the use of cookies and other tracking technologies (Report) and an updated guidance note on cookies and other tracking technologies (Guidance). The Report is based on a review carried out by the DPC of websites in various sectors in Ireland, including insurance, banking, media, retail and the public sector. The purpose of the DPC’s report was to examine whether organisations are complying…

Ireland IP & Technology Law Blog

Use of CCTV footage in disciplinary proceedings breached employee’s data protection rights

By Steven Craig

April 15, 2020

In Doolin v DPC [2020], the High Court held that an employer’s use of CCTV footage in an employee’s disciplinary proceedings constituted unlawful further processing. It concluded that the Data Protection Commission (DPC) had made an “error of law” in their finding that no further processing of the CCTV footage had occurred. The Court found that the CCTV footage was lawfully collected for security purposes. However, the CCTV footage was then unlawfully further processed…

A&L Goodbody

Government publishes Legislation Programme for Autumn 2020

E-commerce operators not liable for trade mark infringement for mere storage of infringing goods

Is a functional shape precluded from copyright protection?

DPC publishes Regulatory Activities Report for 2018-2020

EDPB issues statement on restrictions on data subject rights during the Covid-19 crisis

Belgian DPA issues €50,000 fine for DPO’s conflicting company roles

EDPB publishes Annual Report for 2019

Data Protection Commission publishes tips for video-conferencing

DPC publishes Report and Guidance on cookies following a “cross-sector and cross-size” sweep of website operators

Use of CCTV footage in disciplinary proceedings breached employee’s data protection rights

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