Solicitor for Data Protection Law in Dublin

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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 Lisa

Lisa is a Partner in our Public, Regulatory and Investigations team, specialising for over 10 years in Public Sector Law and sectoral regulation, including energy, financial services, data privacy, product and life sciences regulation.

Lisa provides practical and i...

About Lisa

Lisa is a Partner in our Public, Regulatory and Investigations team, specialising for over 10 years in Public Sector Law and sectoral regulation, including energy, financial services, data privacy, product and life sciences regulation.

Lisa provides practical and informed advice to public and regulatory bodies and those dealing with such bodies. This includes advising on what public and regulatory bodies can properly do, fair procedures and statutory interpretation, as well as on regulatory compliance, investigation and enforcement. It also includes advising on all types of public law litigation. Lisa also has a particular focus on Information Law, advising extensively on all aspects of access to, and disclosure of, information.

Clients appreciate Lisa's expert insight and succinct advice.

ljoyce@mhc.ie
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About Brian

Brian is a Partner on our Privacy and Data Security team. His focus is helping leading technology companies to manage large scale regulatory investigations, implement global privacy and data transfer programs, and launch new and innovative technologies in Europe.

Brian ...

About Brian

Brian is a Partner on our Privacy and Data Security team. His focus is helping leading technology companies to manage large scale regulatory investigations, implement global privacy and data transfer programs, and launch new and innovative technologies in Europe.

Brian provides companies with solutions to their privacy and data protection problems. He also has particular expertise advising companies throughout their engagement with regulators and law enforcement agencies, including helping them to navigate and resolve complex investigations and enforcement action.

Prior to joining us, Brian gained much of his experience with a leading technology firm in London and in-house at Samsung as its European Data Protection Officer. He also gained valuable experience working in the Irish Data Protection Commission a number of years ago. This diverse and varied experience means Brian has a strong understanding of the privacy and data protection challenges companies face and the pragmatic and commercial advice they need.

bjohnston@mhc.ie
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About Peter

Peter is a Dispute Resolution Partner. He advises domestic and international clients on complex commercial disputes, and contentious regulatory matters. Known for his commercially focused advice, Peter has extensive experience in advising clients on matters involving financial...

About Peter

Peter is a Dispute Resolution Partner. He advises domestic and international clients on complex commercial disputes, and contentious regulatory matters. Known for his commercially focused advice, Peter has extensive experience in advising clients on matters involving financial services litigation and shareholder disagreements.

Peter leads large-scale projects associated with all legal aspects of regulatory inquiries. In addition, he has comprehensive experience in matters involving expedited case management in the Commercial Court.

Peter advises professionals and their insurers in professional negligence claims and partnerships in various professions. He has wide-ranging experience in property disputes, and advises airlines, lessors and financiers on a range of contentious issues and disputes in the aviation sector.

pjohnston@mhc.ie
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About Peggy

Peggy is Partner in our Pensions team. Known for her pragmatic and solution-orientated advice, she has established herself as a leading Pensions expert. Peggy has advised on a wide range of pension matters and holds a professional Pension Trustee qualification.

Mo...

About Peggy

Peggy is Partner in our Pensions team. Known for her pragmatic and solution-orientated advice, she has established herself as a leading Pensions expert. Peggy has advised on a wide range of pension matters and holds a professional Pension Trustee qualification.

More recently Peggy has been appointed by various trustees to act as an independent expert under the terms of internal dispute resolution procedures. In these roles, Peggy has reviewed specific disputes and provided reports and commentary to facilitate the resolution of the disputes. She has also provided guidance on the future handling of disputes and engagements with pensions regulatory bodies.

Peggy has also written, spoken and lectured on pensions matters.

phughes@mhc.ie
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About Kevin

Kevin is a Consultant at Mason Hayes & Curran. Previously, he was Head of Financial Services and then Real Estate before becoming Chair of the firm. He served for many years on the firm’s Management Group. Now Kevin’s focus is on executive coaching and talent development at th...

About Kevin

Kevin is a Consultant at Mason Hayes & Curran. Previously, he was Head of Financial Services and then Real Estate before becoming Chair of the firm. He served for many years on the firm’s Management Group. Now Kevin’s focus is on executive coaching and talent development at the firm.

Kevin is a member of the boards of Sport Ireland, Mercy International Association and St Michael’s House Special National School Raheny. Kevin is Chair of Clontarf GAA, a member of the Governance Committee of Golf Ireland and he is the CODA Officer of the Dublin Ladies Gaelic Football Association.

khoy@mhc.ie
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About Michaela

Michaela is head of our Product Regulatory team. In addition, Michaela is Head of Life Sciences. She advises clients across a number of industries on regulatory compliance, product safety and product liability.

Michaela advises life sciences, technology, cosmetic an...

About Michaela

Michaela is head of our Product Regulatory team. In addition, Michaela is Head of Life Sciences. She advises clients across a number of industries on regulatory compliance, product safety and product liability.

Michaela advises life sciences, technology, cosmetic and consumer product clients on the regulatory framework applicable to their products and services throughout their life cycle. This includes advising clients on all issues they encounter on the EU market from R&D, marketing authorisations & CE marking, packaging, market access, product launch and marketing, through to safety issues, product recall and defending product liability claims. She is known in particular for her experience in working as EU counsel with a number of global technology and life sciences companies and advising them on their digital health strategies, with a particular focus on software medical devices and wearables.

Michaela also frequently advises clients on regulatory investigations by enforcement authorities. She has also overseen the implementation and coordination of high volume product withdrawals and product recalls, including rectification strategies, in multiple jurisdictions.

Michaela has also acted on behalf of clients in significant commercial disputes including judicial reviews and product liability class actions, particularly in the medical device industry. Her work is recognised internationally by clients, particularly her proactive and strategic approach. Michaela was named as the sole winner of the Lexology Client Choice Award for Life Sciences in Ireland in 2022 & 2023.

mherron@mhc.ie
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About Brian

Brian is Head of our Health and Prosecutions team. Brian advises on all aspects of Healthcare law, prosecutions and criminal law.

This often involves urgent advice or Court applications for protective orders or for medical treatment.

Brian has 20 years Court adv...

About Brian

Brian is Head of our Health and Prosecutions team. Brian advises on all aspects of Healthcare law, prosecutions and criminal law.

This often involves urgent advice or Court applications for protective orders or for medical treatment.

Brian has 20 years Court advocacy experience which gives a unique perspective on avoiding disputes where possible and preparing for and presenting cases where necessary.

Brian successfully advised a hospital in a 4 day remote Supreme Court action in which judgement was delivered in Jan 2021. The Special Rapporteur for Children described this case the most significant children's rights decision of Irish courts in 15 years.

bhorkan@mhc.ie
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About Liam

Liam is a Partner in the Competition & Antitrust team with first-rate experience advising on all aspects of EU and Irish competition law, digital regulation and the incoming Irish foreign investment screening regime. Liam specialises in merger control, cartels, abuse of dominan...

About Liam

Liam is a Partner in the Competition & Antitrust team with first-rate experience advising on all aspects of EU and Irish competition law, digital regulation and the incoming Irish foreign investment screening regime. Liam specialises in merger control, cartels, abuse of dominance, competition litigation and State aid.

Liam has considerable experience advising regarding complex merger control and foreign investment screening reviews at EU and national level, and multijurisdictional antitrust investigations concerning cartels and abuse of dominance. Liam also advises clients about complex competition litigation proceedings actions before the Irish courts.

He routinely advises on other behavioural and regulatory matters such as distribution systems, co-operation agreements, and joint ventures. Liam also has extensive experience advising on all aspects of EU State aid law.

Liam advises across a multitude of industries including technology; financial services; life sciences; consumer products; aviation; energy; and natural resources and media and telecommunications.

Prior to joining Mason Hayes & Curran LLP, Liam gained invaluable international experience having previously worked at leading antitrust and competition practices at Freshfields Bruckhaus Deringer LLP in Brussels and Gibson, Dunn & Crutcher LLP in London where he advised on global merger control transactions requiring multi-jurisdictional review and large-scale antitrust investigations and enforcement proceedings. Liam also previously worked as senior associate in the EU, competition and regulatory group at another leading Irish law firm advising on all aspects of EU and Irish competition law.

lheylin@mhc.ie
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About Jennifer

Jennifer is a Partner in our Healthcare & Medical team. Specialising in the defence of complex catastrophic injury cases, she is known for her ability to distil intricate and multi-layered claims into core and manageable matters.

Jennifer practices primarily in the d...

About Jennifer

Jennifer is a Partner in our Healthcare & Medical team. Specialising in the defence of complex catastrophic injury cases, she is known for her ability to distil intricate and multi-layered claims into core and manageable matters.

Jennifer practices primarily in the defence of medical malpractice High Court actions. She is a skilled litigator with extensive experience in handling high value medical negligence actions on an urgent and fast-tracked basis.

Jennifer represents several major Irish hospitals on the instruction of the Clinical Indemnity Scheme of the State Claims Agency. She also represents private clients to include pharmaceutical and clinical laboratory entities. Prior to joining the firm, Jennifer worked for a well-known international law firm where she acted for two of the largest private medical indemnifiers.

jhenry@mhc.ie
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About Laura

Laura is a Partner in our Dispute Resolution team and is Head of our Data Solutions Group.

Laura has significant experience in the end-to-end management of all aspects of document review projects including Regulatory Investigations, High Court and Commercial Court disc...

About Laura

Laura is a Partner in our Dispute Resolution team and is Head of our Data Solutions Group.

Laura has significant experience in the end-to-end management of all aspects of document review projects including Regulatory Investigations, High Court and Commercial Court discovery projects as well as Data Access Requests.

Laura has advised clients in the management of large-scale discovery projects in high-profile regulatory investigations and civil disputes for professional services firm and financial institutions. Laura advises clients on all aspects of document preservation, filtering and production and in the use of AI to identify evidence and adopt the most efficient approach to document reviews. Laura has advised clients extensively in the use of AI in both civil disputes and criminal investigations as well as in the context of Data Access Requests.

Laura has over 15 years of experience as a commercial litigator dealing with complex, high-profile cases in the Irish Commercial Court including professional negligence claims, contractual disputes and product liability claims.

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

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If my business partner and I are having disagreements, what are my options for resolving a dispute? Should I go to court or is there another way?

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