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Walkers is a leading international law firm. We advise on the laws of Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey, Ireland and Jersey.
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Ireland Update: Winds of Change for Whistleblowing

Upcoming Whistleblowing Directive
Ireland already has substantial protection for whistleblowers under the Protected Disclosures Act 2014 ("Act"). Even so, the scope and applicability of employers' obligations towards whistleblowers will broaden when Directive (EU) 2019/1937 of the European Parliament and of the Council on the protection of persons who report breaches of Union law ("Whistleblowing Directive") is implemented.

Ireland and its fellow EU members must implement the Whistleblowing Directive by 17 December 2021. From then, private employers of 50 or more employees will be required to establish reporting channels (which may be internal or provided by an external third party) within their organisation for workers who wish to report breaches of EU law.

Employers who are subject to EU Law relating to financial services, products, markets, prevention of money laundering and terrorist financing, transport safety and the protection of the environment will be required to establish reporting channels irrespective of the number of employees employed.

The definition of relevant wrongdoings will be broadened to include breaches of financial services regulations, laws relating to products, markets, prevention of money-laundering and terrorist financing, corporate tax laws, product and transport safety, animal health, protection and welfare, environmental protection, public procurement, data protection, consumer protection, radiation, nuclear safety and public health and breaches affecting the financial interests of the European Union and the single market.

The Whistleblowing Directive will also impose strict timeframes within which employers must comply with their obligations. Receipt of a protected disclosure must be acknowledged within seven days. The disclosure itself must be "diligently followed up" within three months.

Feedback must be provided within three months, though it will not be necessary to communicate the outcome of an investigation within three months.

 

Click to view advisory

Ireland | UK Treasury Consultation on the Proposed Overseas Funds Regime

The UK is currently considering proposals on its overseas funds regime ("OFR"), which are relevant for managers planning to market investment funds in the UK at the end of the Brexit transition period. The temporary marketing permissions regime ("TMPR") permits investment funds for which applications have been made to utilise this regime prior to the end of the Brexit transition period to continue to be marketed in the UK. 


Our advisory considers the current proposals for the OFR and the action that needs to be taken to make use of the TMPR.

 

Click to view advisory

Commencement of Cayman Islands Virtual Asset (Service Providers) Law, 2020

The Cayman Islands government has now issued a commencement order for the Virtual Asset (Service Providers) Law, 2020 (“VASP Law”) which will come into effect on 31 October, 2020 (the “Commencement Order”). The VASP Law provides a short, accessible, technology neutral and adaptable framework for the regulation of the provision of virtual asset services. Pursuant to the Commencement Order, there will be a phased approach to the implementation of the VASP Law as described in this advisory.

Click to view advisory

Bermuda Regulatory Compliance for Digital Asset Business

Walkers' Corporate, Finance, Funds & Insurance Partner Natalie Neto, alongside senior associates Rachel Nightingale (Corporate, Finance, Funds & Insurance) and Melanie Fullerton (Risk & Regulatory Advisory), as well as Senior Vice President Michael Wynne discuss Bermuda's regulatory and compliance frameworks and how they relate to digital assets businesses. 

 

This video was first aired during the 2020 Bermuda Virtual Tech Summit.

Walkers & CAACI Webinar: Discussion on the Cayman Islands Transitional Aircraft Register

Walkers and the Civil Aviation Authority of the Cayman Islands ("CAACI") recently discussed the challenges, benefits and regulations relating to the use of the Cayman Islands transitional aircraft register.

 

 

For more information, you can visit the CACCI's website. Alternatively, please feel free to reach out to Sarah Humpleby or any other member of the Walkers global aviation team with any further questions.

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