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New regulations on electronic money
- Matheson
- -
- Ireland
- -
- May 5 2011
The Minister for Finance has published Regulations to transpose Directive 2009110EC on the taking up, pursuit and prudential supervision of the business of electronic money institutions
Recent decision by the English High Court is significant as it did not apply the traditional test for liquidated damages
- Matheson
- -
- Ireland, United Kingdom
- -
- March 25 2011
The English High Court (the "HC") in Azimut-Benetti SpA v. Darrell Marcus Healey upheld a liquidated damages type of clause by granting a summary judgment in favour of a shipbuilder (the “claimant”
The Data Protection Acts 1988 and 2003 a guide to the Irish data protection regime
- Matheson
- -
- Ireland
- -
- August 17 2010
This Memorandum details the current regime that applies in Ireland to data protection generally, namelythe Data Protection Act, 1988, (the "1988 Act") as amended by the Data Protection (Amendment) Act 2003(the "2003 Act"
Irish Data Protection Commissioner approves Personal Data Security Breach Code of Practice
- Matheson
- -
- Ireland
- -
- July 14 2010
On 7 July 2010 the Irish Data Protection Commissioner ("DPC") formally approved a "Personal Data Security Breach Code of Practice" (the "Approved Code"
The importance of distinguishing between direct and indirect losses
- Matheson
- -
- Ireland, United Kingdom
- -
- June 15 2010
A recent case before the High Court in the UK, GB Gas Holdings Limited v Accenture, provides a useful insight into the distinction between direct and indirect losses and it serves as a reminder that when parties are seeking to exclude their liability, it is important to expressly exclude such liability rather than relying on the general exclusion for indirect losses or for loss of profits
High Court is reluctant to grant injunctions in service contracts
- Matheson
- -
- Ireland
- -
- June 15 2010
It is not often that IT disputes come before the Irish courts
BSkyB EDS litigation: pre-contractual representations
- Matheson
- -
- Ireland, United Kingdom
- -
- June 15 2010
On 27th January 2010, the London Technology & Construction Court (a division of the English High Court) delivered its long anticipated judgment in one of the costliest, longest running and most notable IT disputes in recent years
High Court upholds Ryanair's website terms of use in "screen-scraping" case
- Matheson
- -
- Ireland
- -
- June 15 2010
In an Irish High Court judgment delivered on 26 February 2010, Mr Justice Michael Hanna ruled that Ryanair's online "Terms of Use", and in particular, the exclusive jurisdiction clause contained therein (which provided that the courts of the Republic of Ireland would have exclusive jurisdiction in respect of any dispute) were binding, and constituted an "agreement" for the purposes of Article 23 of the Brussels Regulation
European Commision updates standard clauses to permit sub-processing
- Matheson
- -
- European Union, Ireland
- -
- June 15 2010
On 5 February the European Commission adopted a Decision to update the "Controller to Processor" standard contractual clauses (these are the clauses that had been approved by Commission Decision 200216EC
Can parties choose an alternative governing law to opt out of the applicability of the Commercial Agency Regulations?
- Matheson
- -
- Ireland, United Kingdom
- -
- June 15 2010
In a recent High Court case in England, it was held that even where parties choose a non-EU governing law in an agreement, the Commercial Agency Regulations (and indeed any other mandatory EU laws) must be followed
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- Jurisdiction - Ireland
- Author - Don McAleese