Big data

The remit of the Law Society’s IP and Data Protection Committee is getting broader. A key part of its role is to engage with regulators, so that they, the committee, and lawyers in the field reap the benefits. Mary Hallissey reports

The Law Society’s IP and Data Protection Committee began life simply as the Intellectual Property Committee but, given the pace of technological change, its remit has expanded in recent years.

Committee chair Elaine Morrissey, aided by vice-chair Gerard Kelly (MHC) and Ruth Tracey as committee secretary, took over the role in January this year.

Elaine explains that data-protection lawyers – more broadly referred to as ‘tech lawyers’ – wrangle with an ever-increasing array of fast-changing legislation, including artificial intelligence regulations.

“It’s like a whirlwind in terms of legislation, so that is the most challenging piece as a practitioner, but also for the committee. It’s a steep learning curve,” she says.

Just recently, the European Commission quashed two major pieces of proposed legislation – the ePrivacy Regulation and the AI Liability Directive.

The former aimed to defragment cookies and tracking-technology compliance across Europe, and had been in the works since 2017. It was intended to take effect alongside the EU General Data Protection Regulation, which entered into force in 2018.

“I think many practitioners working with clients across Europe might have preferred the [e-privacy] regulation to come in,” notes Elaine. “It’s fair to say there are mixed views in relation to the decision-making.”

AI robot

The suppression of the AI Liability Directive was noted in the European Commission’s 2025 work programme, adopted on 11 February 2025 and presented to the European Parliament on 12 February.

It could be construed as demonstrating the political landscape’s impact on regulation and its consequences for businesses and lawyers working in the field.

“That, again, is something our committee needs to consider in terms of impact on those practising in the area,” says Elaine.

The committee interacts frequently with the various regulators for online safety, data protection, and media. Certain existing regulators, including the Data Protection Commission and Coimisiún na Meán, have been given additional powers under the EU AI Act, the committee chair points out.

“Naturally, AI and data protection go hand in hand, so the regulators have been very vocal and are already active in the AI regulatory space,” she says. “Our remit is getting broader, and engaging with regulators is a key part of the work we do, though that is very much a two-way engagement, of course,” she adds.

“It is important that the regulator, the committee, and the profession get the benefit of these engagements.”

The IP and Data Protection Committee is also awaiting the announcement of the national competent authority(ies) under the EU AI Act – and whether this will be another stakeholder with which it will need to engage. This announcement is expected by August this year.

Winds of change

With this welter of legislative change approaching, the committee hopes to publish extra guidance and become even more visible to practitioners, leveraging the considerable expertise of its 20-plus members.

Its members often speak at Law Society Skillnet updates and through Gazette articles: “I think you will see our members popping up at a lot more Law Society events,” Elaine comments.

“We will focus on publishing practical information updates to help with the deluge of information practitioners are working through. We have been collaborating with other committees as well, because we see the benefit of regular engagement with touchpoints of other specialist lawyers.”

An intellectual-property seminar is also in the works, given developments in the area.

There is a breadth of expertise on the committee, which includes experts from large law firms, boutique firms, and in-house legal teams. Some members are IP specialists, while others focus on data protection, AI governance, and tech regulation.

“We have a number of experts on the media and copyright side as well,” explains Elaine.

Second foundation

Though now practising at the intersection of data protection, privacy, and AI – and currently a privacy consultant at Dell Technologies – Elaine Morrissey began her training in a general practice in Tipperary.

She benefited greatly from the guidance of solicitor Joseph Kelly in Templemore back in 2005.

“The amazing mentoring I got from Joe Kelly has always stood to me. I couldn’t have asked for a better mentor,” she comments.

Elaine eventually moved on to DAC Beachcroft in Dublin, where she was instructed in relation to one of the largest reported cyber-attacks in Ireland at the time, which affected data subjects all across Europe.

Subsequently, at McDowell Purcell in Dublin, she gravitated towards data-protection law and freedom-of-information work, as well as public and regulatory law.

She also assisted clients in preparing for the GDPR. This led to a role at the global giant ICON, building out its data-privacy programme and AI governance programme, and serving as privacy manager legal counsel.

Edge of tomorrow

“I was looking for ways to stay on top of all the various developments when I joined the committee in 2016. It’s been a continuous baptism of fire ever since.

“I love the committee – it’s been one of the best things I’ve ever been part of – and the members are amazing. I’m looking forward to making an impact as chair. There are definitely things I want to achieve this year.”

She has plans to increase the committee’s visibility through publishing practical articles, hosting an IP seminar, and engaging with other committees on relevant issues.

Elaine also points to several key areas in the Programme for Government 2025 that are particularly relevant to the committee’s role: “We will be closely monitoring these developments,” she explains.

For instance, the programme refers to intellectual property rights for medicines, investment in the Data Protection Commission and ensuring the commission has the resources to fulfil its mandate effectively, and Ireland as a leader in the digital economy and AI.

Also on the committee’s radar are amendments related to the Electoral Reform Act’s misinformation provisions and the broader intersection of IP and media law in the digital landscape.

“In addition to these points, we will also be keeping a close eye on developments in copyright and media regulation, especially in the context of Ireland’s creative industries and its obligations under EU law,” Elaine adds.

Key areas of interest include the implementation of the Copyright Directive and the Audiovisual Media Services Directive, with a particular focus on AI-related issues.

“We aim to track these closely ahead of the EU review of both directives in 2026,” says Elaine.

Mary Hallissey is a journalist with the Law Society Gazette,

There is more information about the resources available to solicitors in the areas of IP and data protection on the Law Society website.