Ireland: Data Protection Update – New Legislation

Last Updated: 25 May 2016
Article by John Menton, Rob Corbet, Pearse Ryan, Colin Rooney, Iseult Mangan, Olivia Mullooly, Chris Bollard, Claire O’Brien, Joanne Neary and Colm Maguire
Most Read Contributor in Ireland, October 2018

This update details legislative developments in European Data Protection legislation, namely the entering into force of the following:

  1. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (the "GDPR");
  2. Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/ JHA ("Police and Criminal Justice Authorities Directive"); and
  3. Directive (EU) 2016/681 of the European Parliament and of the Council of 27 April 2016 on the use of passenger name record ("PNR") data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime ("PNR Directive").


On 6 April 2016 the Council of the European Union published the final text of the GDPR. The GDPR will enter into force on 24 May 2018, two years after its publication in the Official Journal of the European Union ("OJ") and it will implement a harmonised data protection regime throughout the EU. The EU institutions agreed the text of the GDPR in December 2015 and this text was then translated and refined for publication in the OJ.

The GDPR will replace Directive 95/46/EC (the current European data protection law), on which the primary Irish data protection legislation, the Data Protection Acts 1988 and 2003, is based. The GDPR contains a number of provisions which will serve to increase accountability of data controllers and processors including expansion of the duties of data controllers and processors; increased reporting obligations; and strengthened individual rights. Please see our "Group Briefing – February 2016 - European General Data Protection Regulation Agreed – Headline Changes" for a more detailed analysis of the changes introduced by the GDPR.

The differences between the texts of the December 2015 GDPR and the final form GDPR as published in the OJ are limited to semantic corrections and clarifications in order to facilitate the efficient implementation of the GDPR in the Member States.


After three years of trilogue negotiations between the European Parliament, the Commission and the Council, an agreement was reached in December 2015 on the final text of the Police and Criminal Justice Authorities Directive in relation to data protection in the police and justice sectors. The Police and Criminal Justice Authorities Directive creates a coherent framework for data processing activities performed for the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security.

As Directive 95/46/EC (the current European data protection law) does not apply to the processing of personal data in the course of an activity which falls outside the scope of European Community law and the Framework Decision 20008/977/ JHA does not regulate internal data processing activities of law enforcement, the Police and Criminal Authorities Directive bridges this legislative gap. Member States have a two-year period in which to implement the Police and Criminal Justice Authorities Directive into their national law; Member States must adopt any relevant legislative acts for compliance with the Directive by 6 May 2018.

The Police and Criminal Justice Authorities Directive harmonises the laws in the Member States in respect of the exchange of information between police and judicial authorities, whilst leaving discretion in specific areas (for example, penalties for breach of the Directive) in order to respect the different legal traditions of the Member States. The Directive applies to both cross-border and domestic processing of personal data and it aims to improve cooperation of the Member States in the fight against terrorism and other serious crime across the EU, in that, it guarantees that personal data transferred outside the EU by criminal law enforcement authorities will be adequately protected. The key principles of processing personal data only when necessary, proportional and pursuant to a specific purpose are also reflected in the Directive.


The PNR Directive aims to prevent, detect, investigate and prosecute terrorist offences and serious crimes by regulating the transfer of PNR data from airlines to Member States as well as the processing of PNR data by competent authorities in the Member States. The PNR Directive was adopted by the Council of the European Union on 21 April 2016 and will enter into force on 24 May 2018. Member States will be afforded two years (i.e. until 24 May 2018) to align their national legislation such that it is in compliance with the PNR Directive.

Under the PNR Directive, airlines and air carriers will be required to provide Member States' authorities with PNR data for flights entering or departing the EU. Member States will also be permitted (but not required) to collect PNR data from intra-EU flights and such collection of data should be notified to the Commission. PNR data may include the name of the passenger, travel dates, travel itinerary, ticket information, contact details of the travel agent through which the flight was booked, means of payment used, seat number and/or baggage information.

Member States will also be required to establish a Passenger Information Unit ("PIU") to deal with PNR requests under the PNR Directive. Such PIUs must are also obliged to appoint a data protection officer. Data collected by the PIU will be stored for six months initially, after which the data will be anonymised. The data will then be stored for a further period of four and a half years.

While Member States' law enforcement bodies are already using PNR data for law enforcement purposes, the PNR Directive will create a common approach across the EU including in relation to: the purposes for which PNR data can be processed in the context of law enforcement; exchange of PNR data between the Member States and third countries; storage of PNR data (as detailed above); transfer the PNR data from the air carriers to the PIUs; and safeguards relating to the protection of privacy and personal data.

This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
Dillon Eustace
In association with
Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Dillon Eustace
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions