There was some concern that after the 31st of December 2020, Irish and EU businesses would no longer be able to freely transfer personal data in the same manner as previously. While businesses were right to have this risk on their radar, the eleventh hour Trade and Cooperation Agreement did make provision for the continued smooth flow of personal data. This means that we do not have to regard the United Kingdom as a third country for the purposes of GDPR. We may effectively continue as before.
Thankfully the past few years have involved much discussion about the need for, and the benefits of inclusion and diversity in the workplace. It is wonderful hear of people with disabilities and people from traditionally marginalised backgrounds being finally offered true equality of opportunity in the work place.
Arbitration is a method of alternative dispute resolution where both sides agree to have their dispute decided upon by a private, independent third party rather than by a court. Arbitration has a long history in Ireland, having roots in Brehon Law. It also has the backing and support of the legislature and the Courts by way of the Arbitration Act. Arbitration may be used to resolve any dispute that would otherwise be resolved by the Courts.
Ordinarily at this time of year, I advocate a total switch off from all things work. However, the one thing that does not take a break over the Christmas period is the obligation to report a data breach to the Data Protection Commissioner. All data breaches must be notified within 72 hours.
A Data Protection Agreement is necessary when an organisation allows any third party to access or process personal data. This includes storage of files in the cloud, the use of work management systems, marketing or bulk-email software, as well as any situation where you allow access to an individual’s personal data by anyone outside of your organisation. If you are sharing personal data, it is your obligation to ensure that there is a DPA in place.
All of us at Fitzsimons Redmond would like to wish a very happy Christmas to all of our valued clients. We thank you for your support throughout this year, and we look forward to brighter days ahead for all of us in 2021.
Our office will close at lunchtime on Wednesday 23rd December and will re-open again on Monday 4th January.
Keeping our knowledge and expertise fresh is important to us at Fitzsimons Redmond so that we can always be best placed to serve our clients.
Adding to her list of qualifications, Lisa Quinn O’Flaherty has recently tri-qualified as a solicitor by being admitted to the Roll of Solicitors in Northern Ireland by the Lord Chief Justice. Lisa is now qualified to act as a solicitor here in Ireland, in England, Wales and in Northern Ireland in addition to holding post-qualification certificates in Technology Law and in Data Protection, as well as a Professional Diploma in Leadership.
The team at Fitzsimons Redmond are delighted to congratulate our wonderful colleague, Caroline Gill on her admission to the Roll of Solicitors. Caroline began working in our office six months ago as part of her transition from practicing barrister to qualification as solicitor. Caroline brings a wealth of legal experience and endless passion to the profession. We wish her happiness and luck on this new adventure!
Constructive Dismissal is where the employee leaves his or her role as the employer has made it untenable for him or her to continue working.
There is a high threshold for an employee to prove their case. The employee must first have put the employer on notice of his or her dissatisfaction by way of the grievance procedure, in writing. He or she must then await the outcome of any investigation. If the situation remains intolerable, he or she can resign their role and make a claim under Section 2 of the Unfair Dismissals Act. It would be unwise of any employee to resign their role in such circumstances without first taking legal advice.
Under GDPR, children benefit from all the same protections as adults in respect of their personal data. However, organisations must take particular care in respect of processing the personal data of children, a child being a person under the age of eighteen years.