APRIL 2019 – ARTICLES & ITEMS OF INTEREST

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APRIL 2019 – ARTICLES & ITEMS OF INTEREST

APRIL 2019 – ARTICLES & ITEMS OF INTEREST

 

GENDER PAY GAP INFORMATION BILL 2019

The Gender Pay Gap Information Bill 2019 was presented by the Minister for Justice and Equality on the 4thApril.

 

As stated in the Bill, the Act will “amend the Employment Equality Act 1998 to require regulations to be made that will require certain employers to publish information relating to the remuneration of their employees by reference to the gender of such employees for the purpose of showing whether there are differences in such remuneration referable to gender and, if there are such differences, the size of such differences and to require such employers to publish statements setting out the reasons for such differences and the measures (if any) taken, or proposed to be taken, by those employers to eliminate or reduce such differences; to make a consequential amendment to the Irish Human Rights and Equality Commission Act 2014; and to provide for related matters.”    

 

Notable elements of the Bill are:

  • the Minister shall make regulations requiring publication of information on the gender pay gap in firms;
  • the information to be published will include the differences in hourly pay, information on differences in bonus pay, part-time pay and pay of men and women on temporary contracts
  • the regulations will apply to employers with 250+ employees initially, then to those with less than 250 after two years and finally those less than 150 after three years; the regulations shall not apply to employers with less than 50 employees;
  • the regulations will apply to the public as well as the private sector subject to the employment thresholds;
  • the regulations may also require publication of differences in pay by reference to job classifications;
  • the enforcement mechanisms include a power for the Irish Human Rights and Equality Commission to apply to the Circuit Court for an order requiring an employer to comply with the legislation.  Also, an employee of the employer concerned may apply to the Workplace Relations Commission for an order requiring compliance.

 

To read the bill in full see https://data.oireachtas.ie/ie/oireachtas/bill/2019/30/eng/initiated/b3019d.pdf

 

DPC – EXAMINES THE RIGHT TO RECTIFICATION RE COMPLAINTS MADE REGARDING DIACRITICAL MARKS

On the 30thApril the Data Protection Commissioner issued a guidance note in relation to the examination of the right to rectification in relation to complaints which it has received relating to the recording of a name without diacritical marks i.e. the sineadh fada in the Irish language.  Taking into account Article 5(1)(d) and Article 16 of the GDPR the DPC looks at whether the recording of a name without the diacritical marks is in fact inaccurate.

To view this note see https://www.dataprotection.ie/en/news-media/blogs/examination-right-rectification-complaints

 

AML UPDATE – REGISTRY OF BENEFICIAL OWNERSHIP

This month on the CRO website it sets out dates regarding the coming into operation of the Central Register of Beneficial Ownership, refers to useful websites and template forms.

 

Article 30(1) of the EU’s Fourth Anti-Money Laundering Directive (4AMLD) requires all EU Member States to put into national law provisions requiring corporate and legal entities to obtain and hold adequate, accurate and current information on their beneficial owner(s) in their own internal beneficial ownership register. Article 30(3) of 4AMLD requires that the information referred to above be held in a central register in each Member State.

Statutory Instrument, No. 110 of 2019, EUROPEAN UNION (ANTI-MONEY LAUNDERING: BENEFICIAL OWNERSHIP OF CORPORATE ENTITIES) REGULATIONS 2019 was recently signed into law by the Minister for Finance which revoked and replaced Statutory Instrument No. 560/2016 with immediate effect.

 

The CRO website states “SI No. 110 of 2019 provides for the appointment of a Registrar of Beneficial Ownership of Companies and Industrial and Provident Societies.

 

Part 3 of the SI, which relates to the establishment of the central register, will come into operation on 22 June 2019.

In accordance with the SI, the RBO will begin to accept on-line filings from 22 JUNE 2019,after which there will be five months for companies and I&Ps to file their RBO data without being in breach of their statutory duty to file.”

The CRO states in the next few weeks the office of the Registrar of Beneficial Ownership (RBO) will contact each company and I&P about their filing obligations.

The CRO website also contains a template document of the data to be filed with the RBO.

 

To view the article in full see https://www.cro.ie/About-CRO/Contact-Us/Whats-Newand to view SI No. 110 of 2019 see http://www.irishstatutebook.ie/eli/2019/si/110/made/en/pdf

 

KYC & AML REQUIREMENTS RELATING TO PROPERTY SALES SECURED TO A FUND/LENDER

In this month’s Law Society Gazette the Conveyancing Committee addresses KYC and AML relating to property sales secured to a fund/lender under the following headings (1) Letter confirming KYC and/or AML enquiries, (2) Special conditions in contract for sale entitling vendor to retain deposit, (3) AML requirements of a fund/lender or the redemption of a loan, (4) Summary.

To view the note from the Conveyancing Committee see https://www.lawsociety.ie/globalassets/documents/gazette/gazette-pdfs/gazette-2019/april-2019-gazette.pdf#page=28

 

UK FIRM ADMITS BREACH OF DUTY BUT COURT THREW OUT NEGLIGENCE CLAIM

John Hyde reports in the UK Law Gazette how a firm admitted to a breach of duty, but the court threw out the £820,000 negligence claim.

To read the article in full see https://www.lawgazette.co.uk/news/firm-admits-breach-of-duty-but-court-throws-out-820k-negligence-claim/5070104.article

 

CASE STUDY 11 – WEBSITE PHISHING

As stated in previous monthly legal updates the Data Protection Commissioners annual report contains numerous case studies of mistakes/breaches made and how they could have been avoided. Case Study 11 deals with website phishing —- “A private sector (educational) data controller reported an incident of phishing, where a staff member had clicked on a suspicious website link and entered their credentials resulting in their email account becoming compromised. The data controller had not enabled multi factor authentication on its email accounts. Had this technical measure and appropriate cyber security training been in place from the outset this data breach may have been preventable.”

To view this case study and other case studies see https://www.dataprotection.ie/sites/default/files/uploads/2019-03/DPC%20Annual%20Report%2025%20May%20-%2031%20December%202018.pdf

 

CRIMINAL JUSTICE (OFFENCES RELATING TO INFORMATION SYSTEMS) ACT ‘17

In this month’s Law Society Gazette Diane Reidy discusses the recently enacted Criminal Justice (Offences relating to Information Systems) Act 2017 and how Ireland has finally enacted a single unifying piece of legislation dedicated to dealing with cybercrime.

 

She concludes by saying “Of course, legislation alone is not a panacea for cybercrime, nor indeed any form of criminality. Criminal sanctions can only ever be one weapon in the armoury of preventing and responding to hacking attacks. Increased public awareness of the risks, provision of appropriate training, and employment of adequate security systems are essential protections for individuals and businesses.”

 

To view the article see https://www.lawsociety.ie/globalassets/documents/gazette/gazette-pdfs/gazette-2019/april-2019-gazette.pdf#page=41