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The Commission has published a draft delegated act on audits to be performed very large online platforms (“VLOPs“) and very large online search engines (“VLOSEs“) pursuant to Article 37 of Digital Services Act Regulation (“DSA“) for public feedback.Continue Reading Commission publishes Draft Delegated Act in respect of Audits conducted under DSA

Alice Chaplin

With the significant increase in the number of people working from home due to the Covid-19 pandemic, the use of video-conferencing technologies and applications (VC Technology) by businesses for both internal and external meetings has seen a sharp increase. Similarly, there has been a surge in individuals relying on the various VC Technologies available to make sure they can still have their Friday after-work drinks, attend their weekly quiz nights, continue their monthly book clubs or simply stay in touch with family and friends, from a safe, online, distance.

To assist both individuals and organisations with navigating this new online working and socialising way of life, the Irish Data Protection Commission (DPC) has published some tips on how to ensure that any use of this Technology is carried out in a safe manner.Continue Reading Data Protection Commission publishes tips for video-conferencing

The Oireachtas Committee on Justice and Equality is seeking  written submissions from stakeholders on the issues of online harassment, harmful communications and related offences. The invitation follows an announcement last May 2019, that the Government intends to draft, on a priority basis, amendments to the Harassment, Harmful Communications and Related Offences Bill 2017 .  That Bill is based on a 2016 Report by the Law Reform Commission, which recommended reform and consolidation of criminal law offences concerning harmful communications, and the establishment of Digital Safety Commissioner to oversee national digital safety standards and take-down procedures for harmful digital communications.
Continue Reading Government seeks submissions on online harassment

The Irish Government has published its legislation programme for Autumn 2018.  The programme lists priority legislation for publication this Autumn, as well as legislation expected to undergo pre-legislative scrutiny. Listed below are the data protection, cyber-security and IP-related Bills coming down the track.

Priority Legislation

  • Communications (Retention of Data) Bill – This Bill will revise and replace the Communications (Retention of Data) Act 2011. The Heads of this Bill were published last October 2017, following publication of Mr Justice Murray’s Review of the Law on the Retention of and Access to Communications Data.  That Review concluded that many features of the 2011 Act are precluded by EU law. The 2011 Act requires telephone companies and ISPs to store everyone’s metadata for up to two years which, in Mr Justice Murray words, constitutes “a form of mass surveillance of virtually the entire population of the State”. Mr Justice Murray said that Irish legislation should be consonant with the limitations as to the proper scope of a system of communications data retention and disclosure laid down by the EU Court of Justice in a number of recent cases, including the Tele2 case. The Heads of the Bill are available here.

Continue Reading Priority Data Protection, Cyber-Security and IP Legislation for Autumn 2018

The Minister for Communications, Denis Naughten, has confirmed that plans to appoint a Digital Safety Commissioner for Ireland (DSC) will go ahead in 2018. The DSC will act as an ‘Internet regulator’, with powers of enforcement and responsibility for a ‘notice and takedown’ regime, to ensure the online safety of Internet users.
Continue Reading Digital Safety Commissioner to be appointed in 2018

The new Consumer Protection Cooperation Regulation (CPC) was passed on 14 November 2017, with the goal of providing enforcement authorities with additional powers to combat unlawful online practices. The CPC will also help harmonise consumer protection law across the EU. While the CPC is sure to aid compliance, it remains to be seen how far-reaching some of the powers will become, in particular, the website-blocking power referred to below.
Continue Reading Consumer Protection Cooperation Regulation introduced to combat unlawful online practices

The Department of Justice yesterday published the Criminal Justice (Offences Relating to Information Systems) Bill 2016. The Bill, which is long overdue, will replace some of the existing patchwork of cybercrime legislation.

The primary purpose of the Bill is to transpose the European Directive 2013/40 or the Cybercrime Directive as it is more commonly known. The Cybercrime Directive is aimed at harmonising Member States’ criminal law in the area of cybercrime by creating minimum rules for the definition of cybercrime offences and the relevant sanctions and to improve cooperation between competent authorities.Continue Reading The Cybercrime Bill is here

Last month the Department of Communications, Energy and Natural Resources published the Government’s National Cyber Security Strategy 2015-2017 (the Strategy).

In 2013 the World Economic Forum classified cyber related threats as one of the highest of all global risks from the perspective of impact and likelihood. This assessment was echoed at a national level in the Government’s 2014 National Risk Assessment. The development and proliferation of Information and Communications technology (ICT) has transformed the way in which society operates. There are few sectors of both society and the economy which do not rely on some form of ICT for their continued operation. This increased dependence has led to increased risk with threats such as hacking, cyber-crime, hacktivism, cyber espionage, software failures and even human error posing a direct threat not only to the daily lives of Irish citizens but also to the economy and the State. Continue Reading Government publishes National Cyber Security Strategy

Unmanned Aerial Vehicles, or Drones, as they are more commonly known, have traditionally been regarded as a military tool, frequently featuring in media reports on US military action as well as TV dramas such as ‘Homeland’ and ‘House of Cards’. They are however, being increasingly put to a much broader spectrum of uses.

Drones have been used by humanitarian organisations to deliver food and medical supplies to crisis-stricken areas. Following typhoon Haiyan in the Philippines, drones were used by international relief agency Medair to map terrain and create a detailed system of 3D aerial images of the region to make relief efforts more efficient. Amazon’s Prime Air development project has also garnered a lot of attention for its goal to use drones to deliver goods to customers in 30 minutes or less. Drones are also now available to buy in electronics stores and are used to capture videos and photographs by amateur and professional photographers. Continue Reading Drone Regulation Takes Flight

Symantec released their annual Internet Security Threat Report (the Symantec Report) last week (available at http://www.symantec.com/security_response/publications/threatreport.jsp) and it makes for alarming reading. The risk of cyberattack is one that has been brought to the forefront of popular consciousness by the devastating cyberattacks on Sony Pictures Entertainment in 2014 and the Symantec Report shows that 2014 saw a worryingly exponential increase in the number, severity and sophistication of such attacks.Continue Reading Symantec Cyberattack Report a timely reminder of increasing Cyberattack risk