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Commissioner gets tough on direct marketing

Matheson
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Ireland
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January 29 2013

Four companies, including a beauty salon and three telecommunications companies, have been fined in the Dublin District Court for sending unsolicited

Use or abuse of a data access request?

Matheson
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Ireland, United Kingdom
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September 13 2012

The High Court recently dismissed an appeal by Dublin Bus in relation to an enforcement order issued by the Data Protection Commissioner on the basis that the existence of legal proceedings between a data controller and a data subject does not preclude the data subject from submitting a data access request even if such request is being used as an alternative or supplement to discovery

Three strikes, not out: EMI v Data Protection Commissioner

Matheson
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Ireland
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September 13 2012

On 27 June 2012, EMI Records (Ireland) Ltd, Sony Music Entertainment Ireland Ltd, Universal Music Ireland Ltd and Warner Music Ireland Ltd secured a court order in the Commercial Court quashing a notice issued by the Data Protection Commissioner (the “Commissioner”) directing eircom to cease using the “three strikes” system which is aimed at preventing the illegal downloading of music

Landmark rulings on data protection law businesses beware!

Matheson
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Ireland
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September 12 2012

The Data Protection Commissioner has warned that a recent landmark prosecution of three companies for data protection breaches demonstrates that there will be “severe consequences” for organisations which are found to have breached data protection law

High Court quashes Data Protection Commissioner’s objection to graduated response system

Matheson
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Ireland
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July 17 2012

On 27 June 2012, Mr Justice Charleton gave his decision in the judicial review action taken by the Irish recording companies to prevent the graduated response system (GRS) agreed with eircom, the largest ISP in Ireland, being shut down as illegal

Refusing to perform may repudiate the contract: De Beers v Atos Origin

Matheson
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Ireland, United Kingdom
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January 18 2011

In December 2010, the English High Court handed down judgment in a dispute between De Beers UK Limited ("De Beers") and Atos Origin IT Services UK Limited ("Atos"

Irish Commercial Court finds a case of agile development not breach of copyright

Matheson
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Ireland
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December 8 2010

In October 2010 Mr Justice Feeney delivered his judgment in Koger Inc & Anor. v O’ Donnell & Ors (2010 IEHC 350

Visusoft Limited v Robert Harris and ARH Software Solutions Ltd

Matheson
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Ireland
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August 31 2010

Mr Harris was employed by Visusoft Limited from January 2005 to March 2006

The importance of distinguishing between direct and indirect losses

Matheson
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Ireland, United Kingdom
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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