Agenda Articles

The Data Protection Commission (“DPC”) recently published its 2022 annual report (the “Report”) covering its regulatory activities between 1 January 2022 and 31 December 2022.

On 20 February 2023, the Central Bank of Ireland (the “CBI”) issued a notice entitled: ‘Process clarifications for UCITS and AIFs pre-contractual documentation updates in relation to the Commission Delegated Regulation (EU) 2023/363’ (the “Notice”).

Two significant European laws have recently come into force which have a significant impact on how bidders from outside the EU, or subsidised by third countries, participate in public procurement processes within the EU.

On 14 November 2022, the Central Bank of Ireland (the ‘CBI’) published an information note ‘Sustainable finance and the asset management sector: Disclosures, investment processes & risk management’ (the ‘Note’).

The Companies (Miscellaneous Provisions) (Covid-19) Act 2020 (the “Covid Act”) amends the Companies Act 2014 (the “Companies Act”) and the Industrial and Provident Societies Act 1893 (the “1893 Act”), each on a temporary basis, so that, notwithstanding challenges posed by the pandemic, entities can continue to operate in compliance with relevant provisions of those Acts.

The Irish High Court (Court) has pierced the corporate veil in Powers v Greymountain Management Ltd [In Liquidation] & Ors [2022] IEHC 599, to hold passive resident directors and non-resident shadow directors personally liable for funds lost to investors as a result of fraud.

Read the Legislation and Regulation update in the Irish Agenda on Winter ready? New energy performance of buildings regulations. In July 2022, the European Union (Energy Performance of Buildings) Regulations 2022 (the 2022 Regulations) were published.

On 22 November 2022, the Court of Justice of the European Union (CJEU) published its decision in WM and Sovim SA v Luxembourg Business Registers (joined Cases C‑37/20 and C‑601/20) (Decision), which affects European Union Member States' national beneficial ownership registers.

Two EU legislative acts relating to digital operational resilience in the financial industry were recently published in the Official Journal of the European Union.