Employment Law | Collins McNicholas

Data Protection – The General Data Protection Regulation

Data Protection – The General Data Protection RegulationThe long awaited General Data Protection Regulation is now set to be implemented on the 25th May 2018 across the European Union. The GDPR shall replace the existing Data Protection Directive 95/46/EC which has been in place since 1995 and will have a significant impact for all organisations doing business in Ireland and the EU. The aim of the aforementioned Regulation is to harmonise data protection across Europe and to make businesses more accountable for data privacy compliance. The GDPR will apply to both data controllers and data processors. The implementation of the GDPR introduces new elements and significant enhancements to European Data Protection law which will require detailed consideration by all organisations involved in processing personal data as there will be significant financial penalties for non-compliance. Some of the key changes introduced are as follows:- Consent There will be much stronger rules on consent. The GDPR will require a data subject’s consent to the processing of their personal data to be freely given, specific, informed and unambiguous. Reliance on silence, inactivity, or pre-ticked boxes will no longer be sufficient to constitute consent. It is also the case that data subjects will be permitted to withdraw their consent at any time.   Broader Definition of Personal Data The definition of ‘personal data’ is now broadened to include online identifiers, location data, and IP addresses. Also, the term ‘sensitive personal data’ has been broadened to include genetic and biometric data.   Reporting of Data Breaches The GDPR will bring in mandatory breach notifications. All breaches must be reported to the local data protection authority unless the breach is unlikely to result in a risk to rights and freedoms of individuals.   Appointment of a Data Protection Officer In certain circumstances and organisations there will be a duty to appoint a Data Protection Officer (“DPO”). The DPO must be expert in data protection law and privacy.   Privacy by Design This is to say that privacy must be built into systems at the design stage with the privacy rights of individuals at the forefront. Organisations will be required to implement privacy from the outset of any project impacting on personal information.   Stricter Penalties The GDPR significantly increases the administrative fines for non-compliance, with the effect that failure to address data protection compliance obligations could prove very costly for companies. Companies can face fines of up to €20 million or 4% of global turnover for non-compliance, whichever amounts to a higher figure. The GDPR will have a significant impact for all companies doing business in Ireland and the EU. It is evident, therefore, that Irish companies will have to analyse and review the GDPR in great detail in order to understand how they can comply with the requirements therein.           Alastair Purdy Managing Partner Purdy Fitzgerald...

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Employment Law Breakfast Seminar in Cork

Collins McNicholas Recruitment & HR Services Cork recently hosted an Employment Law Breakfast Seminar with Purdy FitzGerald Solicitors in the Maryborough House Hotel. An expert in Employment Law and key speaker at the event, Einde O’Donnell provided an overview of Case Law and other developments in Employment Law over the last year, with a particular emphasis on the Workplace Relations Bill.  Einde highlighted changes to, the RBA scheme, data protection, employment permits and collective bargaining among others.  He also provided a review of cases of note in the past year and the implications for future cases, including injunctions, unfair dismissals and personal injuries. Einde guided attendees on how to apply these developments in a practical manner in the workplace.  The seminar was well attended by local HR representatives and business owners from the Cork area. Seamus Tobin, Regional Manager with Collins McNicholas, believes such information is extremely valuable: “It is vital for employers to be fully aware of changes in employment law and Einde O’Donnell gave an informative and topical presentation which was very well received by the audience.” Celebrating 25 years in business this year Collins McNicholas has an extensive nationwide presence with offices based in Cork, Dublin, Galway, Athlone and Sligo – Collins McNicholas are experts in providing recruitment assistance in a range of sectors including executive recruitment, technical engineering, supply chain, information technology, human resources and all commercial recruitment such as accountancy & finance, customer service/multilingual & sales and marketing. Collins McNicholas was delighted to be awarded one of the Deloitte Best Managed Companies Awards 2014 and the company was also awarded a special commendation under...

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Breakfast at The Harlequin

Bright and early on Thursday morning last, 22nd of May, I attended the Collins McNicholas Recruitment & HR Services Group Employment Law Seminar in conjunction with Purdy Fitzgerald Solicitors in the Harlequin Hotel in Castlebar, Co. Mayo. There was a great turn out of representatives from companies, big and small, across the Mayo region. Issues such as Redundancy, Paternity Leave and Contract Disputes were discussed in detail by Solicitor Alistair Purdy who gave sound advice on preventative and corrective action that any company could take on board. A lively and interactive Q&A followed with Alistair taking questions from attendees including students and faculty members from GMIT. Hot topics for the attendees were around issues such as Constructive Dismissal and Health & Safety procedures. Alistair gave detailed examples of precedent and best practice in each of his answers. It was a very worthwhile and informative event. Attendees left with not only a notepad full of useful hints and tips but full bellies from the fabulous breakfast spread put on by the Harlequin Hotel. Hands were shook, business cards exchanged and it was back to the office. I look forward to the next one. Christopher O’Toole Recruitment Consultant Email: christopher.otoole@collinsmcnicholas.ie Phone: 091...

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Invitation to Employment Law Update – Castlebar – 22nd May 2014

Purdy FitzGerald Solicitors in conjunction with Collins McNicholas Recruitment & HR Services Group are delighted to invite you to a morning seminar, “Annual Employment Law Update” presented by Alastair Purdy. This event, which is aimed at employers, will take place in The Harlequin Hotel, Castlebar on Thursday 22nd May 2014 at 8am.  Agenda: 8.00 am – 8:30 am Registration & Full Breakfast 8.30 am – 9:30 am  Briefing 9:30 am – 9:45 am   Q&A What will the seminar provide? A review of recent case law and other developments in Employment Law over the last year, with a particular emphasis on what Practitioners should be aware of over the coming year. Details: As one of Ireland’s leading Law Firms in Employment Law, Purdy FitzGerald Solicitors advises a substantial number of both indigenous and multinational companies. Purdy FitzGerald was formed by the merger of Purdy Legal and F.M. FitzGerald solicitors in 2009. The firm is headed by Alastair Purdy and Norman FitzGerald who recognised the need for a dedicated Business Law Firm to serve the market in the West of Ireland. Their goal is to help employers run their businesses by managing any and all commercial, employment, health, safety, litigation and environmental legal matters in a practical and efficient manner. Purdy FitzGerald Solicitors are one of very few legal firms in the country to have achieved the ISO 9001:2008 quality management system standard. The achievement of this standard reflects the firm’s commitment to the provision of services to an internationally recognised and independently audited standard. To reserve your place please contact: Michelle Murphy, Regional Manager, Collins McNicholas Galway on galway@collinsmcnicholas.ie or contact 091-706706...

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Purdy Fitzgerald & Collins McNicholas urge SME sector to avail of Employment Law Guidance in Sligo & Limerick

Collins McNicholas & Purdy Fitzgerald Solicitors held two more Employment Law Breakfast Briefings on Thursday 13th February in the Radisson Blu Hotel Limerick and on Thursday 27th February in the Sligo Park Hotel. Both events were attended in large numbers by clients from across the regions within the multinational, Irish indigenous, SMEs and public sectors. Key note speaker at both events was Alastair Purdy, Partner in Purdy FitzGerald Solicitors who delivered a talk on recent updates in legislation and key areas of change to focus on over the next 12 months. Alistair emphasized the importance for small SMEs in particular to keep up to speed with any changes in employment...

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