Solicitor for Data Protection Law in Dublin

Lawyer for Data Protection Law in Dublin Found 10516

Data Protection Law in Ireland: Ensuring Privacy in the Digital Age

In an era dominated by digital technology, data protection has become a crucial issue for businesses, orga...

Data Protection Law in Ireland: Ensuring Privacy in the Digital Age

In an era dominated by digital technology, data protection has become a crucial issue for businesses, organisations, and individuals. As we continue to share vast amounts of personal information online, the need for robust data protection laws has never been greater. Ireland, as a member of the European Union, has implemented stringent data protection regulations that protect the privacy and security of individuals’ personal data. Understanding these laws is essential for organisations that collect, process, and store data, as well as for individuals who want to safeguard their privacy.

What is Data Protection Law?

Data protection law refers to the set of legal frameworks, rules, and regulations designed to safeguard individuals’ personal data from misuse, theft, or unauthorised access. The primary goal of data protection law is to give individuals control over their personal information while also ensuring that organisations take responsibility for handling data in a secure and compliant manner.

In Ireland, the primary piece of legislation governing data protection is the General Data Protection Regulation (GDPR), which is enforced across all EU member states. The GDPR provides a comprehensive set of rules designed to protect personal data, enforce privacy rights, and ensure organisations’ accountability in managing this sensitive information.

In addition to the GDPR, there are also specific national laws and regulations that support the data protection framework in Ireland, including the Data Protection Act 2018, which supplements and enhances the provisions of the GDPR within the Irish legal system.

Key Components of Data Protection Law in Ireland

  1. The General Data Protection Regulation (GDPR)

The GDPR is a significant regulation that came into effect on May 25, 2018, and applies to all organisations processing the personal data of individuals within the European Union. It sets out detailed requirements for how personal data should be handled and provides individuals with various rights to control their data.

Some of the key provisions under the GDPR include:

  • Lawful Basis for Processing: Organisations must have a valid legal basis for collecting and processing personal data. These may include the necessity of processing for contract performance, legal obligations, consent, or legitimate interests.
  • Transparency and Accountability: Organisations must be transparent about how they collect, use, and store personal data. This includes providing clear information to individuals about their rights and the purposes for which their data will be processed.
  • Data Subject Rights: The GDPR grants individuals specific rights over their personal data, including the right to access, correct, erase, restrict processing, and object to certain uses of their data. It also provides a right to data portability, allowing individuals to transfer their data from one service provider to another.
  • Data Breach Notification: Under the GDPR, organisations must notify the Data Protection Commission (DPC) and affected individuals within 72 hours of a data breach that compromises personal data. Failing to comply with this requirement can result in significant fines.
  • Data Protection Impact Assessments (DPIAs): Organisations must conduct a DPIA when processing data that may result in a high risk to the privacy and rights of individuals. This includes assessing potential risks and mitigating actions before initiating data processing activities.
  • Security of Data: Organisations are required to implement appropriate technical and organisational measures to protect personal data from breaches, including encryption, pseudonymisation, and access controls.
  1. The Data Protection Act 2018

The Data Protection Act 2018 is the Irish national legislation that supplements the GDPR and provides specific details on how the regulation should be applied in Ireland. It also establishes the powers of the Data Protection Commission (DPC), which is the regulatory authority responsible for enforcing data protection laws in Ireland.

Some important features of the Data Protection Act 2018 include:

  • National Data Protection Authority: The DPC is responsible for overseeing the application of the GDPR in Ireland, including investigating complaints, conducting audits, and imposing penalties for non-compliance.
  • Processing of Special Categories of Data: The Act provides additional rules for the processing of sensitive personal data, such as health information, racial or ethnic origin, and political opinions.
  • Offences and Penalties: The Act sets out the penalties for non-compliance with data protection laws, which can include fines of up to €20 million or 4% of a company’s global annual turnover, whichever is higher.
  1. Other Relevant Legislation

In addition to the GDPR and the Data Protection Act 2018, other laws in Ireland may impact data protection practices. These include:

  • The ePrivacy Regulation: This regulation focuses on privacy in the electronic communications sector, including the use of cookies, direct marketing, and the security of communications.
  • The Criminal Justice (Surveillance) Act 2009: This Act outlines how law enforcement agencies can use surveillance to gather evidence in criminal investigations, while also setting restrictions on the use of personal data in this context.
  • The Electronic Commerce (EC Directive) Regulations 2003: This legislation establishes rules for the use of electronic contracts and e-commerce services, which may involve the collection and processing of personal data.

Why is Data Protection Important for Businesses in Ireland?

For businesses operating in Ireland, complying with data protection laws is crucial to avoid significant financial penalties, reputational damage, and legal consequences. Here are some key reasons why businesses must take data protection seriously:

  1. Legal Compliance: As a member of the EU, Ireland is bound by the GDPR and must adhere to its provisions. Non-compliance can result in severe fines and sanctions, which could have a detrimental effect on a business’s bottom line.
  2. Trust and Reputation: Customers expect businesses to handle their personal data responsibly. A breach of trust, particularly in the form of a data breach, can lead to loss of customer confidence, damage to a brand’s reputation, and reduced sales.
  3. Data Security: As businesses store and process more personal data online, the risk of cyberattacks and data breaches increases. Implementing strong data protection measures not only helps businesses comply with legal requirements but also enhances their ability to safeguard sensitive data from malicious actors.
  4. Competitive Advantage: Businesses that demonstrate strong data protection practices can differentiate themselves in the marketplace. Consumers are increasingly concerned about their privacy, and companies that can prove they are committed to protecting customer data can gain a competitive edge.

When Should You Seek Legal Advice on Data Protection?

  1. If Your Organisation Is Handling Sensitive Data
    If your organisation processes sensitive data, such as health information or financial records, it is essential to seek legal advice to ensure compliance with the GDPR and the Data Protection Act 2018. A lawyer can help you implement the necessary policies and procedures to protect this data.
  2. In Case of a Data Breach
    In the event of a data breach, seeking immediate legal advice is critical. Data protection laws require organisations to notify the DPC and affected individuals within 72 hours of discovering a breach. A lawyer can help you navigate the legal requirements, mitigate damage, and respond to the breach effectively.
  3. If You Need to Conduct a Data Protection Impact Assessment (DPIA)
    When introducing new data processing activities, especially those that may impact individuals’ privacy, it is often necessary to conduct a DPIA. Consulting a legal professional can ensure that the assessment complies with legal requirements and mitigates potential risks.
  4. When Reviewing Data Processing Contracts
    If your business works with third-party service providers that handle personal data, it is essential to have contracts in place that outline the responsibilities of both parties under data protection law. Legal advice can ensure that these contracts are robust and compliant with the GDPR.

Conclusion

Data protection law in Ireland plays a vital role in safeguarding personal data and ensuring that organisations comply with privacy regulations. With the introduction of the GDPR and the Data Protection Act 2018, businesses must adopt stringent measures to protect sensitive data and avoid hefty penalties. Understanding the legal landscape and seeking legal guidance when necessary is crucial for maintaining compliance and building trust with customers.

For businesses and individuals in Dublin and across Ireland, staying informed about the evolving data protection laws and seeking legal advice when needed can ensure the responsible handling of personal data and the protection of privacy rights.

About Dermot

Dermot is a Partner in our Commercial team. His expertise combined with business acumen means that he is an invaluable resource to clients looking for clear and pragmatic advice.

He has particular expertise managing large scale technology outsourcing contracts and a r...

About Dermot

Dermot is a Partner in our Commercial team. His expertise combined with business acumen means that he is an invaluable resource to clients looking for clear and pragmatic advice.

He has particular expertise managing large scale technology outsourcing contracts and a range of related matters, such as privacy and sector specific regulatory issues. Dermot regularly acts as trusted counsel on strategically important and novel technology projects.

His commercial contract experience is extensive and market leading, covering operational / supply chain agreements, route to market agreements, preparing and implementing template agreements and associated playbooks and providing an overflow service to in-house teams. He has also spent time on secondment and provided several commercial contract retainer services. This experience means that Dermot understands the challenges in-house lawyers face and is able to offer commercial advice which is tailored to risk profile.

Dermot has practised in both Ireland and the UK. He is best known for his work in the Financial Services and Life Sciences sectors. He has a deep understanding of the sensitivities in these sectors and the need to balance strategy and commercial intent with sector specific regulatory requirements.

dmcgirr@mhc.ie
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About Brian

Brian is a Partner in our Technology Law team and is Head of our Artificial Intelligence (AI) team.

Brian re-joined us in January of 2023 having spent time in-house as Chief Intellectual Property counsel with an Irish AI fintech start-up. During that time, he gained sig...

About Brian

Brian is a Partner in our Technology Law team and is Head of our Artificial Intelligence (AI) team.

Brian re-joined us in January of 2023 having spent time in-house as Chief Intellectual Property counsel with an Irish AI fintech start-up. During that time, he gained significant experience in operationalising and commercialising AI platforms and solutions. He led AI invention harvesting and international patent and trademark portfolio filing projects. He was also part of a team that conceived and developed a bespoke inhouse software invention and R&D tagging tool that has applications in the trade secret space also.

Brian helps clients prepare for compliance with the AI Act. This involves guiding them through:

  • EU AI Act strategy and compliance planning.
  • prohibited and high-risk AI systems threshold analyses
  • high-risk AI systems compliance planning
  • advising LLM / GenAI providers on their compliance obligations under the AI Act
  • working with clients to implement transparency obligations into the output of AI products.
  • Structuring and advising clients on AI Governance and related responsible AI policies and procedures.

Prior to working in-house, Brian was a Partner in our intellectual property team with many years’ experience in IP and technology law in a number of large firms. He is a proven results-driven and collaborative leader able to navigate complex technology and intellectual property issues in a fast-paced environment. Brian is an expert in designing and implementing business-focused AI and IP strategies and a trusted legal advisor to R&D and business leadership. His experience also includes M&A transactions, negotiating strategic partnerships, overseeing AI and IP asset management, and regulatory compliance. He has a passion for working in diverse technical and complex fields.

brianmcelligott@mhc.ie
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About Rob

Rob is a partner in our Construction, Infrastructure & Utilities team, specialising in Energy law. He is a seasoned practitioner with over 22 years’ experience in Ireland and Australia.

Prior to returning to Ireland in December 2021, Rob was Deputy General Counsel at Iber...

About Rob

Rob is a partner in our Construction, Infrastructure & Utilities team, specialising in Energy law. He is a seasoned practitioner with over 22 years’ experience in Ireland and Australia.

Prior to returning to Ireland in December 2021, Rob was Deputy General Counsel at Iberdrola Australia (previously called Infigen Energy), based in Sydney.

Rob has extensive and varied renewable energy and infrastructure experience, and has advised owners, operators and contractors on significant wind farm, solar farm and energy storage projects. Having spent over 10 years' in-house, he is particularly attuned to the commercial drivers of businesses operating in the Energy sector.

Rob is also admitted as a solicitor in New South Wales, Australia.

rmcdwyer@mhc.ie
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About Dorit

Dorit is a Partner in the Competition & Antitrust team and Head of Public Procurement, with extensive experience advising on all aspects of EU competition and procurement law.

She regularly advises clients on the competition law implications of commercial contracts, mer...

About Dorit

Dorit is a Partner in the Competition & Antitrust team and Head of Public Procurement, with extensive experience advising on all aspects of EU competition and procurement law.

She regularly advises clients on the competition law implications of commercial contracts, merger control, antitrust investigations, abuse of a dominant position, compliance and enforcement issues, State aid as well as competition litigation. She also advises clients on state aid matters and the impending Irish foreign direct investment screening regime.

In addition, Dorit has an excellent track record of advising public and private sector clients in the public and utilities sectors on a wide range of procurement issues, including advising on procurement strategy and execution, drafting procurement documentation, advising on selection and award criteria, evaluation methodology and scoring matrix, debrief requirements and defending or initiating a legal challenge.

Dorit is known for her keen eye for detail and pragmatic and solution-focused advice. She has practised law in England, Northern Ireland and Ireland for 25 years and is used to advising clients on cross-jurisdictional issues. Her experience allows her to draw on the practice in these jurisdictions and to develop strategies and solutions to difficult issues.

dmccann@mhc.ie
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About Hazel

Hazel is a Partner in our Intellectual Property Law team, and our Food, Agriculture & Beverage sector co-lead.

She partners with clients to identify, secure and commercialise their intellectual property rights and protect their intellectual property rights from infringe...

About Hazel

Hazel is a Partner in our Intellectual Property Law team, and our Food, Agriculture & Beverage sector co-lead.

She partners with clients to identify, secure and commercialise their intellectual property rights and protect their intellectual property rights from infringement.

Hazel is an expert on brand protection issues and trade mark strategies and manages international trade mark portfolios for clients. She acts in contentious trade mark, copyright, designs and patent matters.

Hazel also advises on intellectual property commercialisation and intellectual property issues in commercial transactions. She understands the commercial needs of her clients in a range of jurisdictions and particularly in cross border matters, as a result of advising on intellectual property issues in Ireland and Australia.

Prior to joining us, Hazel was an intellectual property partner in a leading Australian commercial law firm, based in Sydney.

hmcdwyer@mhc.ie
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About Robert

Robert is a partner in our leading Privacy and Data Security and Technology, Sourcing and Innovation teams. He helps major tech and other companies successfully implement global privacy, transfer and digital compliance programs.

He assists clients with how best to stra...

About Robert

Robert is a partner in our leading Privacy and Data Security and Technology, Sourcing and Innovation teams. He helps major tech and other companies successfully implement global privacy, transfer and digital compliance programs.

He assists clients with how best to strategically manage security incidents and privacy related regulatory engagement and claims. Robert also works with major tech and other companies in developing and refining specialist product and service terms, particularly those with a privacy dimension. In addition, he acts as trusted advisor on complex technology and outsourcing deals and has a niche expertise in procurement as a result of leading on significant public tech projects like the National Broadband Project and National Postcode Project.

Robert is known as an astute lawyer with a keen eye for detail, whilst always remaining business savvy. Robert excels at strategic and long-term thinking and an ability to scenario plan for all contingencies.

rmcdonagh@mhc.ie
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About Mark

Mark is a Partner in our Healthcare & Medical team. He specialises in the defence of high value and complex medical malpractice claims whilst representing the interests of hospitals and healthcare professionals in both the public and private sector. He also handles inquests on ...

About Mark

Mark is a Partner in our Healthcare & Medical team. He specialises in the defence of high value and complex medical malpractice claims whilst representing the interests of hospitals and healthcare professionals in both the public and private sector. He also handles inquests on their behalf.

Mark acts for several major Irish hospitals on the instructions of the Clinical Indemnity Scheme of the State Claims Agency and acts on behalf of clinical laboratory service providers in cases where the misreporting of cervical slides is alleged.

In previous roles with two leading healthcare firms in Ireland, Mark has represented the interests of private consultants and GPs on behalf of the largest indemnifier operating in Ireland, as well as private hospitals and other healthcare service providers on the instructions of their Irish and international indemnifiers and insurers.

mmccabe@mhc.ie
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About Eimear

Eimear is a Partner in our Corporate team. She advises on a range of corporate matters and is particularly active in the healthcare and energy sectors.

Eimear is recognised for her significant experience acting in the sale, purchase and restructuring of healthcare ass...

About Eimear

Eimear is a Partner in our Corporate team. She advises on a range of corporate matters and is particularly active in the healthcare and energy sectors.

Eimear is recognised for her significant experience acting in the sale, purchase and restructuring of healthcare assets. She advises many of the leading Irish and European operators and organisations on their portfolios of Irish healthcare assets.

She has extensive experience advising on renewable energy transactions having acted for many of the prominent developers and investors in the Irish energy sector. In addition, Eimear worked for a number of years as in-house counsel in a well-known renewables energy company.

Eimear joined us in 2015 having previously worked in-house and in corporate departments of other Dublin law firms. Due to her valuable experience working in industry, she understands clients’ needs and is commercial and solution focused in her approach.

elyons@mhc.ie
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About Kevin

Kevin is Co-Head of our Tax team. Kevin advises domestic and international clients on the tax aspects of doing business in Ireland.

Prior to joining us, Kevin spent 6 years advising on international tax structuring activities and tax controversy with a major inter...

About Kevin

Kevin is Co-Head of our Tax team. Kevin advises domestic and international clients on the tax aspects of doing business in Ireland.

Prior to joining us, Kevin spent 6 years advising on international tax structuring activities and tax controversy with a major international technology company and, before that, Kevin held roles in the tax groups of another leading Irish law firm and a Magic Circle law firm in London.

Kevin’s experience offers a unique perspective to clients operating internationally and in Ireland and in supporting the implementation of their business strategies in a tax efficient and compliant manner.

Kevin works with international groups on cross-border tax structuring, assisting with the design of their global holding, financing, intellectual property and supply chain structures in Ireland and internationally. He also advises clients on the use of holding companies in Ireland, migrations, M&A, reorganisations and private equity investment structures.

Kevin brings significant tax experience in financial services matters, including structured finance transactions, RMBS, CMBS and CLOs, and on real estate investment structures and on tax controversy matters, both in Ireland and other territories.

kmangan@mhc.ie
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About Michael

Michael is a Partner in our Commercial Department. With over 20 years’ experience, he is a regulatory specialist with a focus on content and communications regulation.

Technology companies are subject to an increasingly complex legal and regulatory landscape in ...

About Michael

Michael is a Partner in our Commercial Department. With over 20 years’ experience, he is a regulatory specialist with a focus on content and communications regulation.

Technology companies are subject to an increasingly complex legal and regulatory landscape in the EU, particularly as it relates to harmful and illegal online content. Michael is centrally involved in assisting some of the world’s largest technology companies navigate these laws, from understanding whether and how they apply to designing effective and efficient compliance measures with minimal impact on business.

Michael advises clients on all aspects of the EU’s Digital Services Act as well as on related laws such as the AVMS Directive, Terrorist Content Online Regulation, CSAM Regulation Proposal and Ireland’s Online Safety and Media Regulation Act.

Michael also has intimate knowledge of the EU electronic communications regulatory framework, including its complex ePrivacy rules, which now apply to a wide range of technology companies.

mmadden@mhc.ie
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Questions and answers about Data Protection Law

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What are my rights if I’m arrested by the Gardaí? Can I refuse to answer questions, and do I need a solicitor immediately?

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Do I Have to Pay Tax on Inheritance in Ireland? 1 Answer

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If I inherit property or money, am I required to pay inheritance tax in Ireland? How much can I inherit before I need to pay tax?

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What Are My Rights When Renting in Ireland? 1 Answer

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I’m renting an apartment in Dublin. What are my rights in terms of repairs, rent increases, and eviction?

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What Are the Rules for Driving in Ireland? 1 Answer

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Are there any important rules I should know about driving in Ireland, especially regarding alcohol limits and road safety?

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I believe I’m being discriminated against at work because of my gender. What are my legal rights in Ireland, and how can I take action?

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How Do I Challenge a Will in Ireland? 1 Answer

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If I believe a will is unfair or was made under pressure, can I challenge it in Ireland?

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If I need to go to family court, am I eligible for legal aid in Ireland, and how do I apply?

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I was involved in a car accident last week. What should I do if I’ve been injured, and how can I claim compensation?

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