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.

Safe Harbour Declared Invalid by CJEU

October, 2015


On 6 October 2015, the Court of Justice of the European Union (“CJEU”) issued a ruling, in the case of Schrems v Data Protection Commissioner, which undermines the use of the safe harbour scheme (“Safe Harbour”) as a basis for transferring personal data to US companies. The decision has implications for all EU companies who transfer data to US companies which are Safe Harbour certified, and not simply for those located in Ireland, where the Schrems case originated.  The judgment… Read more…

Advocate General Issues Opinion on Validity of EU-US Safe Harbour Scheme

September, 2015


Advocate General Bot today delivered his opinion to the Court of Justice of the European Union (“CJEU”) in the landmark case of Schrems v Data Protection Commissioner.  This is a hugely significant case which will impact on thousands of multinational companies, many of whom operate in Ireland, who rely on the Safe Harbour scheme to legitimise transfers of personal data to the US. As discussed in our Crossfire blog post from June 2014, this case involves a preliminary reference from… Read more…

ICO signals progress of General Data Protection Regulation

August, 2015


The UK’s Deputy Information Commissioner David Smith has suggested that detail about the contents of the draft General Data Protection Regulation should emerge by December this year. Mr Smith, in his blog last week, stated that trilogue negotiations between the Council of the European Union, the European Parliament and the European Commission are progressing well and that all parties are working to find a workable compromise between their individual texts. According to Mr Smith, a planned timetable which runs until… Read more…

Irish Data Protection Commissioner’s Report 2014 highlights an increasing global approach to data protection

June, 2015


The new Irish Data Protection Commissioner (‘DPC’) Helen Dixon has published her annual report for 2014. The following are some of the highlights which are grouped below under relevant themes: Importance of DPC’s role and independence In the introductory section the DPC informs us that Christopher Graham, the UK Information Commissioner, was a member of the interview board which appointed her as DPC. No doubt this was done to ensure that a truly objective and reasoned appointment was made for… Read more…

Commission Proposal on new data protection rules supported by Justice Ministers of the Council

June, 2015


On the 15th of June the Justice Ministers in the Council of the European Union reached agreement on a General Approach to the new EU Data Protection Regulation, allowing the debate to move on to the next stage. The Council agreed upon many of the fundamental pillars proposed by the Commission in 2012 which received the backing of the Parliament in March 2014. The General Approach contains an agreement to establish a single set of rules on data protection valid… Read more…