Paul Lavery
Partner
Practice Areas
Expertise
Paul is the head of the firm’s Technology & Innovation Group and advises on a wide range of information technology, intellectual property, data protection, confidentiality and freedom of information issues. He advises a wide range of clients on the supply and implementation of new IT systems, the licensing of software and the ownership and licensing of intellectual property rights.
Paul has particular expertise on the drafting and negotiation of cutting edge technology supply and implementation agreements and IT outsourcing agreements, with a key focus on business transformation and key performance elements. Paul regularly advises high profile Irish and international technology clients on the legal implications of transacting on-line and related consumer protection issues. Paul also advises a number of international clients on their distribution, franchise and sales agency arrangements.
As a leading expert on the law of confidentiality, Paul regularly advises private entities and public bodies on confidentiality obligations and the drafting of appropriate confidentiality agreements and secrecy protocols.
On the data protection side, Paul regularly acts for a large number of private entities and public bodies in relation to data protection obligations, including advising on subject access requests, data security issues, record retention matters, data protection notices, policies and privacy statements, as well as solutions to facilitate the transfer of data outside the EEA and registrations required under the Data Protection Acts. He regularly deals on behalf of such entities with the Office of the Data Protection Commissioner. Paul has also advised a number of clients on their interaction with the Data Protection Commissioner on data security issues arising in the case of data theft or loss.
In the area of freedom of information, Paul regularly acts for public bodies and private entities. He advises public bodies in respect of their compliance obligations in connection with the Freedom of Information Acts in dealing with access requests, advising on applicable exemptions and dealing with appeals to the Information Commissioner. Paul also advises public bodies and private entities on the application and scope of the Access to Information on the Environment Regulations, including determining whether an entity is a “public authority” within the meaning of the Regulations and applicable exemptions.
He writes and lectures widely on these and other topics. Paul is the author of Commercial Secrets: The Action for Breach of Confidence in Ireland (Round Hall/ Sweet & Maxwell, 1996), the first and only Irish work on the topic. The book has been quoted in judgments in the Irish Supreme Court.
Directory Comments
Paul Lavery is considered "solution-driven, and a master at providing complicated advice in a straightforward manner". Chambers also write 'Clients laud non-contentious expert Paul Lavery, as "very commercial. He is willing to understand our business then tailor his advice accordingly". Chambers, 2011
"McCann FitzGerald is extremely good on heavy-duty IT contracts, and its IT department has great depth". Paul is described as "fantastic" and sources appreciate his "practical and down-to-earth approach". Chambers, 2010