Europe

New fines for data protection breaches – Mistakes for which you have to pay

By Maxim Ali
Senior Associate

By Robert Houchill
Associate/Solicitor

As has been extensively reported in Russia, since 1 July 2017 the Russian Code for Administrative Offences has been amended to include new fines for the ‘inappropriate’ processing of personal data.

Public attention has mainly been focused on the size of the new fines as set out in Article 13.11 of the Code; whilst previously a company or organisation could be fined up to 10,000 roubles (around $170) for a breach, this has now been increased to 75,000 roubles (around $1,270).  The risks are heightened by the fact that a fine can be imposed for each individual breach, accordingly for an organisation that might be involved in the processing of a large volume of data (such as internet companies, banks, insurers or large corporations) the total fines can quickly add up to be a very significant sum.

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Judgment Day: MIBI and Setanta Insurance Liquidation

 

The Supreme Court has ruled that the Motor Insurers’ Bureau of Ireland (“MIBI”) is not liable to meet the cost of claims against former policyholders of the now defunct Setanta Insurance Company Limited (“Setanta”).

The judgment has far reaching implications for Irish motor insurers and policyholders.

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Do you know who owns your business? And how do new regulations make it matter?

 

With a view to preventing money-laundering, tax evasion and other criminal activities, new regulations aim to ensure that the individuals who ultimately own or control Irish companies (“Beneficial Owners”) are identified and monitored.

The details of these individuals need to be kept on an internal register by each company and filed on a central register maintained by the Companies Registration Office.

Failure to comply with the regulations is a criminal offence.

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Kriton Metaxopoulos appointment as member of Advisory Board of Best Lawyers

We have the pleasure to inform you that Kriton Metaxopoulos has been recently appointed as a member of the Advisory Board of Best Lawyers.

This honorary appointment coming from an institution carrying the prestige and reputation of Best Lawyers worldwide is a great honor for our firm and a personal recognition for Kriton Metaxopoulos as a law practitioner for the past 30 years.

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Responsibilities of Executors When Selling Property

Acting as an executor can be an onerous obligation. It is important at an early stage in the administration process to understand the responsibilities of an executor to avoid any potential negligence and personal liability. An executor should act diligently and endeavour to administer an estate within 12 months. Outside of that time limit the executor should have justifiable reasons for delays that arise.

When selling assets executors should achieve the best price possible. They need to take professional advice and ensure that they follow the views of the majority to avail of the protection afforded to them under Section 50 Succession Act 1965. The views of the majority must be exercised in good faith, and without personal motivation and/or conflicts of interest.

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EU GDPR: not so sweet concept of freely given consent

Article by Mindaugas Civilka and Minvydas Balčiūnas 

Consent is arguably among the most direct grounds to collect and process one’s personal data. EU General Data Protection Regulation (GDPR) defines consent as “freely given, specific, informed and unambiguous indication of the data subject’s agreement to the processing of personal data relating to him or her, such as by a written statement, including by electronic means, or an oral statement”.

Free will

The compatibility of one’s consent with the inherently “free will” is represented by cohesion of external forms of personal behaviour with the mental will-forming factors (goals, fears, other motives). Sometimes this connection is feeble, especially when the person does not care much about the value of his personal information, or in other cases he does care about privacy, but has no other choice but to give-away his personal information (e.g. if it is the only way to receive some sort of service).

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Landmark Supreme Court Judgment on Costs – Sheehan (minor) v Corr

On 15th June 2017, the Supreme Court gave a decision in the case of Isabelle Sheehan (a minor) v David Corr which has been described by the Law Society as a “landmark decision on legal costs”.

The matter arose on foot of a medical negligence action in which the costs were taxed by the Taxing Master, with the general instructions fee being the main item of contention. Same had been claimed in the sum of €485,000.00 and after an initial ruling in 2012 and a further ruling in 2014 on foot of objections raised, the instructions fee was assessed at €276,000.00.

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UK beneficial ownership registers: now it’s your turn, trustees

On 26 June 2017, the UK Government introduced a beneficial ownership register for trusts for the first time, in response to its need to comply with the EU’s 4th Anti-Money Laundering Directive.  Which trusts will be affected and what will trustees have to do?

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WOLPERT RECHTSANWÄLTE selected from Best Lawyers

We are happy to inform you that the law office WOLPERT RECHTSANWÄLTE has again been selected  from Best Lawyers in co-operation with Handelsblatt for inclusion in the list of The Best Lawyers in Germany for Intellectual Property Law.

In addition Marga Wolpert-Witzel is being elected as the “Lawyer of the Year” for  Intellectual Property Law in Germany (Hessen).

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