AC Audio

The NIS 2 Directive, represents a significant advancement in the European Union’s approach to cybersecurity. Building on the foundations of the original NIS Directive, NIS 2 expands its scope to cover a broader range of sectors and entities, ensuring that critical infrastructure across the EU is better protected against cyber threats. The directive introduces stricter cybersecurity requirements, including enhanced measures for securing supply chains and detailed reporting obligations. Last year, our Technology and Innovation Group created a 3 part series, led by Vivian Spies, which has been collated into this podcast episode. This podcast will focus on new requirements, cybersecurity risk management and reporting, and liability and governance under NIS2.

The AI Act represents the first comprehensive legal framework for artificial intelligence, addressing associated risks and obligations for providers. It sets clear requirements for AI developers and deployers, aiming to reduce administrative and financial burdens, particularly for SMEs. Part of a broader policy package, the AI Act ensures the safety and fundamental rights of individuals and businesses, while promoting AI innovation and investment across the EU. The regulation adopts a risk-based approach, categorising AI systems into four levels of risk, with stringent obligations for high-risk applications to ensure transparency, accountability, and human oversight. Earlier on in the year, our Technology and Innovation Group created a 5 part video series on the AI Act, led by Rosemarie Blake, collated into this podcast episode which discusses the AI Act, the timeline of obligations, general purpose AI, enforcement, GDPR interplay and compliance obligations for actors in the AI value chain.

The long-awaited Automatic Enrolment Retirement Savings System Act 2024 was signed into law by the President on 9 July 2024. This Act will impact every business in the country which has employees. In this podcast episode, Sarah McCague, Partner, Deirdre Cummins, Of Counsel and Daniel Watters, Senior Associate in our Pensions Group discuss the main changes to the final form legislation when compared to the draft Bill as initially published, and give practical tips on what employers should do next to get ready for AE.

In the latest episode of 'Company Law: Back to Basics', Dr Tom Courtney, Partner and Suzanne Kearney, Of Counsel, discuss the Supreme Court decision in McCool v Honeywell and its ramifications for company law. They explore the legal landscape of asset transactions by directors and shareholders. This marks Tom Courtney’s final episode in the series. After three years and nearly 12,000 plays his expert analysis has been invaluable, and this episode is a fitting finale to the wealth of knowledge he has shared over the years. The "Back to Basics" series will continue in the autumn, so stayed tuned for more insights with Suzanne Kearney and Aisling Carey.  Disclaimer: The contents of this podcast are to assist access to information and do not constitute legal or other advice. Specific advice should be sought in relation to specific cases. If you would like more information on this topic, please contact a member of our team or your usual Arthur Cox contact.

In the third episode of “Conversations in Competition”, Ronan Scanlan, Of Counsel at Arthur Cox has a wide-ranging discussion with Alba Ribera Martínez, University Lecturer and Editor of Journal of European Competition Law covering the Digital Markets Act, including the gatekeeper designation process, the compliance reports, workshops, current investigations and next steps; how the DMA will interact with national enforcement; the Commission’s new Article 102 Guidance; and how Advocate General Emiliou’s Opinion in Illumina / Grail might impact on the DMA requirement on gatekeepers to notify below-threshold mergers via Article 22 EUMR. Disclaimer: The contents of this podcast are to assist access to information and do not constitute legal or other advice. Specific advice should be sought in relation to specific cases. If you would like more information on this topic, please contact a member of our team or your usual Arthur Cox contact.

In this episode of Back to Basics, Suzanne Kearney, Of Counsel and Tom Courtney, Partner discuss dividends, focusing on the requirements to be satisfied in order to pay a dividend, who dividends are paid to, and the consequences of paying an unlawful dividend. Disclaimer: The contents of this podcast are to assist access to information and do not constitute legal or other advice. Specific advice should be sought in relation to specific cases. If you would like more information on this topic, please contact a member of our team or your usual Arthur Cox contact.

In this second episode of AC Audio’s "Conversations in Competition", Ronan Scanlan, Of Counsel at Arthur Cox speaks to Dr. Lara Stoimenova, Managing Director at Sigma Economics, about how recent developments in EU Telecoms Regulation, the Revised Market Definition notice, and the EC White Paper will impact the Tech Sector and the recent DMA Gatekeeper Designations. Episode Structure: Minutes 0 – 2: Introduction Minutes 2 – 7: Overview of EU Telecoms Regulation – Market Definition, SMP, Remedies and the 3 criteria-test Minutes 7 – 11: Recent Developments in Telecoms – Still retail competition vs. investment Minutes 11 – 18: Revised Market Definition Notice – SSNDQ and beyond Minutes 18 – 24: EC White Paper – An attempt to answer the challenges for 5G rollout and investments, and completing the telecoms single market, a convergence with telecoms players and the digital market Minutes 26 – 32: Cross-application of Telecoms Regulation and lessons for the DMA – Be clear about your objectives, difficulties of prescribing behaviour, and lack of specificity Minutes 32 – 34: Closing Disclaimer: The contents of this podcast are to assist access to information and do not constitute legal or other advice. Specific advice should be sought in relation to specific cases. If you would like more information on this topic, please contact a member of our team or your usual Arthur Cox contact.

In this episode of AC Audio "Conversations in Competition", Ronan Scanlan, Of Counsel at Arthur Cox and Dave Foster, Director of Frontier Economics, speak about developments in the world of competition law in 2023/2024, including the shifting role of competition regulators in a polycrisis, the developing approach to big tech and firms with market power, and new ways of assessing harm and benefit in reviewing acquisitions in this space. Disclaimer: The contents of this podcast are to assist access to information and do not constitute legal or other advice. Specific advice should be sought in relation to specific cases. If you would like more information on this topic, please contact a member of our team or your usual Arthur Cox contact.

In this panel discussion from our Digital Reform: Insights and Regulators’ Perspectives seminar which took place in May 2023, Aoife Mac Ardle, Senior Associate in our Technology and Innovation Group, moderates a discussion on “Online Content: New Areas of Regulation”, focusing on the GDPR and the Digital Services Act. The topics discussed include children’s data, harmful content, online advertising and sponsored content, dark patterns, and operational compliance under the Digital Services Act. Disclaimer: The contents of this podcast are to assist access to information and do not constitute legal or other advice. Specific advice should be sought in relation to specific cases. If you would like more information on this topic, please contact a member of our team or your usual Arthur Cox contact.

In our latest episode, Suzanne Kearney and Dr Tom Courtney discuss corporate authority - who are authorised to bind companies as matter of Irish law? They also discuss the various forms of authority, delegation of authority and practical steps to establish whether not a person has authority. Disclaimer: The contents of this podcast are to assist access to information and do not constitute legal or other advice. Specific advice should be sought in relation to specific cases. If you would like more information on this topic, please contact a member of our team or your usual Arthur Cox contact.

In this recording from our seminar on 18 May 2023 on Digital Reform, Insights and Regulators’ Perspectives, Olivia Mullooly, Partner in the Technology and Innovation Group and Head of Intellectual Property at Arthur Cox, opens the event with some scene setting, providing a brief overview of the legislative landscape for digital content and services. Disclaimer: The contents of this podcast are to assist access to information and do not constitute legal or other advice. Specific advice should be sought in relation to specific cases. If you would like more information on this topic, please contact a member of our team or your usual Arthur Cox contact.

The inclusion of “optional provisions” was one of the key innovations introduced by the Companies Act 2014. In this episode, Suzanne Kearney and Tom Courtney focus on these statutory default provisions which apply and which govern a company’s internal administration, unless a company’s constitution provides otherwise. Disclaimer: The contents of this podcast are to assist access to information and do not constitute legal or other advice. Specific advice should be sought in relation to specific cases. If you would like more information on this topic, please contact a member of our team or your usual Arthur Cox contact.

In this podcast, Ian Duffy, Partner and Ciara Anderson, Senior Associate from our Technology and Innovation Group look at the new regulation around data protection, outsourcing, operational resilience and information security. They look at the recent and emerging laws in the space including the Digital Operations Resilience Act (DORA), Revised Network and Information Directive (NIZ 2) and the soon-to-be finalised Artificial Intelligence Act and how they are relevant to technology services providers. They also look at the current regulatory obligations that apply to fintech providers and how they can ensure they are complying with these. Disclaimer: The contents of this podcast are to assist access to information and do not constitute legal or other advice. Specific advice should be sought in relation to specific cases. If you would like more information on this topic, please contact a member of our team or your usual Arthur Cox contact.

In this podcast, Rob Corbet, Partner and Head of the Technology and Innovation Group moderates a panel discussion on content moderation as part of our recent Digital Reform: Insights and Regulators’ Perspectives event. The topics covered by the panel include key changes for content moderation programmes, considering AI in content moderation, new rules for content moderation, and content removal and governance obligations under the Digital Services Act. The other speakers on this podcast include Olivia Mullooly, Partner and Head of our Intellectual Property team, Ciara Anderson and Rosemarie Blake, Senior Associates, Technology and Innovation. Disclaimer: The contents of this podcast are to assist access to information and do not constitute legal or other advice. Specific advice should be sought in relation to specific cases. If you would like more information on this topic, please contact a member of our team or your usual Arthur Cox contact.

One of the four key pillars of the new Individual Accountability Framework is stronger Central Bank enforcement capabilities. Amelia Walsh and Deirdre O'Mahony discuss what the Central Bank of Ireland will be able to investigate individuals for under the new regime, including breaches of new conduct rules and the new duty of responsibility. Disclaimer: The contents of this podcast are to assist access to information and do not constitute legal or other advice. Specific advice should be sought in relation to specific cases. If you would like more information on this topic, please contact a member of our team or your usual Arthur Cox contact. #ACLaw #financialregulation #IAF #SEAR

In our latest Company Law: Back to Basics episode, Suzanne Kearney and Dr Tom Courtney discuss 'Piercing the Corporate Veil'. They discuss the benefits of a company having separate legal personalities, while also identify the areas of risk reflecting on the rare case when the corporate veil is pierced and the court overrides the principle of separate legal personalities. Disclaimer: The contents of this podcast are to assist access to information and do not constitute legal or other advice. Specific advice should be sought in relation to specific cases. If you would like more information on this topic, please contact a member of our team or your usual Arthur Cox contact.

In this episode, Maedhbh Clancy, Of Counsel in our Finance Group and Sarah Thompson, Partner in our Financial Regulation Group, discuss the new Individual Accountability Framework, one of the most significant changes to financial services regulation in many years, and give an overview of the key pillars of the framework. Disclaimer: The contents of this podcast are to assist access to information and do not constitute legal or other advice. Specific advice should be sought in relation to specific cases. If you would like more information on this topic, please contact a member of our team or your usual Arthur Cox contact.

In this episode, Ian Duffy, Partner, Technology and Innovation, is joined by Ciara Anderson, Senior Associate, to discuss the incoming Digital Operational Resilience Act or DORA and the Network and Information Systems Directive Number 2 or NIS 2. Disclaimer: The contents of this podcast are to assist access to information and do not constitute legal or other advice. Specific advice should be sought in relation to specific cases. If you would like more information on this topic, please contact a member of our team or your usual Arthur Cox contact.

ESG or Environmental, Social and Governance factors have recently become a hot topic in the financial services and indeed in the pensions industry. But what are the legal obligations on trustees of occupational pension schemes in relation to considering ESG factors and implementing ESG decisions and is ESG here to stay? In this audio briefing, Sarah McCague, partner, and Katie Lawless, Associate, talk about pensions and Environmental, Social and Governance factors known as ESG, whether pension schemes trustees have to consider ESG when investing, the interaction between ESG and IORP II legislation, Trustees’ fiduciary duties and ESG investment. Disclaimer: The contents of this podcast are to assist access to information and do not constitute legal or other advice. Specific advice should be sought in relation to specific cases. If you would like more information on this topic, please contact a member of our team or your usual Arthur Cox contact.

The Companies Act 2014 has recently been amended, requiring for the first time in statute that directors of companies, unable, or likely to be unable, to pay their debts must have regard to the interests of creditors. In this episode, Suzanne Kearney, Of Counsel in the Corporate and M&A Department in Arthur Cox, and Tom Courtney, Partner, discuss Directors’ Duties, what these duties are and what they mean for companies and their directors. They will also discuss the most recent development in this area - the new statutory duty to have regard to the interests of the company’s creditors. Disclaimer: The contents of this podcast are to assist access to information and do not constitute legal or other advice. Specific advice should be sought in relation to specific cases. If you would like more information on this topic, please contact a member of our team or your usual Arthur Cox contact.