Matheson’s technology and IP law blog

Welcome to Crossfire

This blog is dedicated to technology and IP law. As on-line commerce and activity comes to dominate our daily lives, the conflict between new technologies and the law, national law and the global internet and privacy and the public domain become more and more acute. Whilst the technology is fast moving, the law struggles to keep up and courts end up trying to fit square pegs into round holes in an attempt to fill in the gaps. This blog is our attempt to help to keep you aware of the many new developments in this area as they arise and to encourage a two way dialogue.  We value your comments and interaction and look forward to an insightful and lively debate.

Matheson’s primary focus is on serving the Irish legal needs of international companies and financial institutions doing business in and through Ireland. Our clients include over half of the Fortune 100 companies. We also advise 7 of the top 10 global technology brands and over half of the world’s 50 largest banks.  We are headquartered in Dublin and also have offices in London, New York and Palo Alto.  More than 600 people work across our four offices, including 75 partners and tax principals and over 350 legal and tax professionals.

European Commission Adopts Privacy Shield

July, 2016

By: and

On 12 July 2016, the European Commission (the “Commission”) formally adopted the ‘Privacy Shield’ framework for transatlantic data transfers from the EU to the US.  The Commission’s decision followed an approval by Member States on 8 July 2016. Privacy Shield replaces the ‘Safe Harbour’ agreement which was invalidated by the Court of Justice of the European Union (the “CJEU”) in the Schrems decision last year.  The relative speed with which the Privacy Shield has been finalised demonstrates the importance of… Read more…

The EU and US agree on new arrangement for trans-Atlantic data flows

February, 2016


  On 2 February, the European Commission announced that it had reached political agreement with the United States on a new framework for trans-Atlantic data  transfers, following the invalidation of Safe Harbour by the Court of Justice of the European Union (the “CJEU”) in the Schrems case in October 2015. The framework agreement, rebranded the “EU-US Privacy Shield”, was concluded between the EU and US through an “exchange of letters”, and has been approved  by the College of Commissioners.  The… Read more…

Agreement reached on new Data Protection Regulation

December, 2015


On 15 December 2015, trilogue negotiations between the EU Commission, the European Parliament and the EU Council concluded with agreement being reached on the new General Data Protection Regulation (the “GDPR”). Agreement was also reached on a new data protection directive for the police and criminal justice sector (the “Directive”). The new package was first proposed in January 2012 and negotiations have been ongoing since. The GDPR aims to strengthen protection of fundamental data protection rights across the EU as… Read more…

Key Points in relation to the return of Schrems Case to the Irish High Court

October, 2015


Today, 20th October, the Schrems case returned for a hearing to the Irish High Court and these are the key points that arose: • Mr Schrems (who was present in Court and had his costs awarded) was keen for the Irish Data Protection Commissioner (“DPC”) to begin its investigation as soon as possible in light of the delay since the case began and the possibility of the DPC delaying pending renegotiation of Safe Harbour; • Hogan J (the presiding Judge… Read more…

Article 29 Working Party statement on Schrems case

October, 2015


On Friday 16 October, the Article 29 Working Party (the advisory body composed of representatives from each Member State’s data protection authority, the European Data Protection Supervisor and the European Commission) (the “Working Party”) issued a statement clarifying certain implications of the ruling. The Working Party noted that it is absolutely essential for the national data protection authorities to have a common position on the implementation of the Schrems judgment. The Working Party reiterated the CJEU’s ruling that massive and… Read more…