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The EU Data Act—checklist

The EU Data Act—checklist This checklist outlines the key requirements of Regulation (EU) 2023/2854, the EU Data Act, that businesses need to comply with, such as data access and portability, smart contracts, prohibition on unfair contractual terms, right to switch services (operability), open interoperability, as well as the rules on international data transfers. The EU Data Act aims to encourage business-to-business (B2B) and business-to-consumers (B2C) sharing of data generated by Internet of Things (IoT) devices to facilitate a fair use of data and realise the full potential of EU’s data economy. It is the second main legislative initiative resulting from the European strategy for data, after the adoption of Regulation (EU) 2022/868, the EU Data Governance Act. While the EU Data Governance Act creates the processes and structures to facilitate data sharing by companies, individuals and the public sector, the EU Data Act clarifies who can create value from data and under which conditions. The EU Data Act entered into force on 11 January 2024 and starts to apply on...

Obtaining authorisations for communications data for local councils—checklist

Obtaining authorisations for communications data for local councils—checklist STOP PRESS: The Investigatory Powers (Amendment) Act 2024 (IP(A)A 2024) received Royal Assent on 25 April 2024. The Act is the first major amendment of the Investigatory Powers Act 2016 since it was enacted and seeks to expand the surveillance powers of the UK’s police, intelligence services and government. The Investigatory Powers (Amendment) Act 2024 (Commencement No 1 and Transitional Provisions) Regulations 2024, SI 2024/1021 brings certain provisions of the IP(A)A 2024 into force on 14 October 2024. This Checklist is in the process of being updated to reflect the changes. This Checklist summarises the requirements on local authorities seeking authorisations to use surveillance powers under Regulation of Investigatory Powers Act 2000 (RIPA 2000) and the Investigatory Powers Act 2016 (IPA 2016). It should be read in conjunction with Practice Note: RIPA 2000 requirements RIPA 2000 requirements are: • prior authorisation of directed surveillance • prohibit the council from carrying out intrusive surveillance • authorisation of the conduct and use of a covert...

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Websites and the internet—issues to consider—flowchart

Websites and the internet—issues to consider—flowchart This is a Flowchart showing how to address regulatory and contractual issues when building or operating a website. It addresses domain name and intellectual property issues, e-commerce, distance selling and similar regulations, online advertising rules and data privacy. The Flowchart then references relevant contracts to develop or host websites or legal terms to include within websites. Finally, it also covers how to address disputes relate to websites, such as cybersquatting and online defamation. Step 1—overview Step 2—intellectual property and brand considerations Domain names and brand protection Other intellectual property rights Transferring rights in websites Practice Note: Domain names—background, registration and dispute resolution Practice Note: Intellectual property rights considerations for websites Practice Note: Uniform Domain Name Dispute Resolution Policy (UDRP) process Practice Note: Copyright―protectable works Practice Note: Licensing intellectual property rightsAssigning intellectual property rights Practice Note: Nominet Dispute Resolution Service (DRS) Practice Note: Copyright in databases and database right Precedent: Online brand protection—training materials Practice Note: UK...

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Financial relief after overseas divorce—procedure

Financial relief after overseas divorce—procedure This Practice Note sets out the procedure on an application for permission to issue an application for financial relief under Part III of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984) or Schedule 7 to the Civil Partnership Act 2004 (CPA 2004) following an overseas divorce or dissolution of civil partnership. It also considers the procedural steps following the issue of a substantive application, the allocation of proceedings, requirements for permission (leave), setting aside a grant of permission and setting aside and preventing dispositions. See also Practice Notes: Financial relief after overseas divorce—jurisdiction and legislative provisions and Financial relief after overseas divorce—court’s approach and case law. Jurisdiction and allocation The marriage or civil partnership that has ended by a foreign decree/order must be recognised in this jurisdiction as a valid marriage/civil partnership or at least a void marriage/civil partnership. See also Practice Notes: Recognition of overseas divorce or dissolution of civil partnership and Financial relief after overseas divorce—jurisdiction and legislative provisions. The jurisdictional...

Issuing private children proceedings in the Family Court

Issuing private children proceedings in the Family Court This Practice Note sets out guidance in relation to issuing private children proceedings in the Family Court. It explains the guidance on allocation and gatekeeping issued by the President of the Family Division, judicial continuity and what happens in relation to the issue of urgent applications. It also explains about the Judicial protocol for children cases in Scotland, England and Wales and Northern Ireland. For guidance on the impact of the UK’s withdrawal from the EU (Brexit) and IP completion day (11 pm on 31 December 2020), see Practice Note: Family proceedings with EU connections—toolkit. Pre-application requirements On 31 May 2024, the Pre-application Protocol: private law proceedings relating to children (the protocol), which is annexed to FPR 2010, PD 12B, came into force. The protocol outlines the steps that parties should take before starting any court proceedings for private law children orders, including trying to resolve their dispute by non-court dispute resolution (NCDR), where it is safe and appropriate. See Practice...

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Financial Services Regulation and Compliance—Banking and Payments April 2025

Ireland-Finance and Financial Services analysis: This article was written by A&L Goodbody’s Financial Regulation Advisory Team and discusses how domestically, the CBI issued a number of updates on Fitness and Probity. At European level, the European Banking Authority (EBA) updated the indicators for risk assessment and resolution.

EU Law weekly highlights—8 May 2025

This week's edition of EU Law weekly highlights includes analyses on the Court’s decision on the trade mark of ‘Vagisan’ stating that it is too close to 'Vagisil' and on the delay regarding the publication of the final version of the General Purpose AI Code of Practice. In addition this week, the Irish Data Protection Commission fined TikTok €530m for breaches against the EU General Data Protection Regulation regarding EEA user data transfers to China, the Commission opened a consultation on the evaluation of the Cosmetic Products Regulation and on revising the Sustainable Finance Disclosures Regulation, published the May 2025 infringement package, published a roadmap to end Russian energy imports, published the new mandatory Manufacturer Incident Report under MDR/IVDR and MedTech Europe published a paper to support effective implementation of the MDR/IVDR ahead of the reform.