News

Data Protection Actions – an Update

The recent (11/04/24) case of Dillon v. Irish Life is further complicating the area of bringing Data Breach Actions. This case suggests that Injuries Resolution Board authorisation is now required for some GDPR claims. Essentially the High Court held that any loss for anxiety and distress arising from a data breach, short of a recognisable psychiatric disorder will require an Injuries Resolution Board (IRB) authorisation. Of course inconvenience and damage don’t require an IRB authorisation. Judge O’Donnell noted

 

the plaintiff stated that the current practices of PIAB generally require the submission of a form of medical report with any claim […]
By |2024-05-18T15:44:46+01:00May 18th, 2024|

Online Client Onboarding

In an effort to make the conveyancing process easier for clients (and maybe us…) we have launched a simple service to allow clients to onboard (or in plain English…give) their personal details together with Anti Money Laundering details to us. We hope this tool will make it easier to keep track of vital documents, reduce errors and in general make the process more streamlined and straightforward.

In recognition of the process helping save us time we will apply a €50 credit to the bill for each client who uses the online oboarding tool.

As always you can get a quote online […]

By |2024-04-07T12:08:50+01:00March 28th, 2024|

Things to watch out for when buying a new build

Buying a new build in a housing development comes with its own peculiarities. The first issue is the most obvious; the house you are buying often does not exist. As such you will be relying on specifications, maps, plans and documents.

Unlike a buying a pre-owned house, a new build will usually come with two “contracts”, one for the land, and one “building agreement” which deals with the relationship between you and the builder.

In general there is less to go wrong from a “title” point of view when buying in a new build. The title to a housing estate will generally […]

By |2024-03-17T16:57:41+00:00March 17th, 2024|

Farmers Succession Advice Planning Grant

The scheme, due to open from September 19th 2023 aims to encourage and support farmers aged 60 years and above to seek succession planning advice by contributing up to 50% of vouched legal, accounting, and advisory costs, subject to a maximum payment of €1,500. Those eligible to apply are: farmers aged 60 years and above who are currently not in a succession farm partnership; are farming at least a minimum of 3ha of land at the time of application; and are farming for a minimum of two years prior to application.

Application will be open until the end of 2023 and […]

By |2023-08-20T10:09:51+01:00August 20th, 2023|

Questions arise over Data Protection and the Decision Support Service

Earlier this year the Mental Health Commission & Decision Support Service (DSS) moved a longstanding legal instrument known as an enduring power of attorney (EPA) into an online format. Previously EPAs were a document created by solicitor and were for all intents and purposes a paper documents. The new EPA is one created online using a new DSS portal. Unsurprisingly it was necessary to commission an Data Protection Impact Assessment, but somewhat surprising is that the DPIA commissioned highlights a number of serious flaws, which may well open the DSS and Mental Health Commission to future litigation as well as […]

By |2023-07-22T15:19:55+01:00July 22nd, 2023|

Enduring Powers of Attorney

A new system for creating Enduring Powers of Attorney (EPAs), was introduced by the newly established Decision Support Service (DSS), in April 2023 and is proving troublesome many users. This is especially concerning for individuals less adept at using technology – who are often those most in need of an EPA.

The new obligatory online system is proving too complex and off-putting for many, including solicitors traditionally involved in the process. While we generally embrace new technology, the DSS system is not fit for purpose. Unlike other online systems (such as those developed by the Revenue Commissioners, CRO, and Dept […]

By |2023-06-09T08:25:46+01:00June 8th, 2023|

Data Breaches and “the stay”

We read with interest the decision of Judge John O’Connor in the Irish times on the 18th May 2023 concerning the application by the HSE for a stay against a plaintiff seeking to recover damages for the breach by the HSE of the GDPR. The claim stems from the 2021 cyber attack which we have commented on extensively and in respect of which we have a number of proceedings in being (although we have no involvement in the above case)

At first glance the position adopted by Judge O’Connor seems like an attractive “wait and see” position for an Irish […]

By |2023-05-18T08:58:55+01:00May 18th, 2023|

Open for Business in Fermoy

Our Fermoy offices are now fully open and we can be contacted during business hours at 025 54000 or info@odowd.ie

O’Dowd Solicitors is a modern firm that leverages the latest in technology to achieve the best results for its clients but it is first and foremost a family business that puts traditional values first. We would be happy to help you with your legal needs whether they be property and conveyancing issues, family law or litigation and personal injury issues.

Following the success of our wills promotion last August, for the month of May we are once more helping people make their […]

By |2023-04-25T22:14:57+01:00April 25th, 2023|

Micheal O’Dowd, Partner on Red FMs Neil Prendeville

Micheal O’Dowd, Managing Partner in O’Dowd Solicitors was invited onto Red FM’s Neil Prendeville  show this morning to discuss the “One in Four” data breach as well as giving an update in what is an interesting and ever evolving area of Law. It seems that despite stark warnings companies and organisations are still not taking Data Security seriously and are not taking precautions to avoid incurring legal liabilities.

Two years ago the self styled “Alliance for Insurance Reform” saw fit to report us to the Legal Services Regulatory Authority for merely posting on this website that people may sue […]

By |2023-05-18T09:05:40+01:00April 18th, 2023|

Data Breach issues continue

We have been somewhat inundated with queries in respect of the HSE Data Breach. The scale of upset is quite extra ordinary, but by the fact the breach occurred, and the delay by the HSE in notifying data subjects. At this point hundreds of people have made inquiries as to possibility of issuing proceedings against the Health Service for breach of the data protection rights. While experience would suggest that the HSE will attempt to deny liability it is hard to see how these denials will be successful. There is  however a very live issue before the European Court of […]

By |2023-05-18T09:10:49+01:00February 21st, 2023|
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