
Major US business lobby group joins fight to protect multinationals' GDPR rights after court ruling on Eaton worker data
The 300,000-member strong lobby group said the documents were of 'marginal relevance' to the IRS's ongoing audit of Eaton. The document also filed by the US National Association of Manufacturers said the American tax agency could have gotten 'the information it wanted another way'.
The Chamber expressed its concern that the US court's decision would make it 'too easy' for the IRS and other American government agencies to force companies to provide information protected by foreign law. It was worried that this could expose taxpayers to penalties and sanctions from other countries.
'The district court's dismissive treatment of the foreign privacy interests also puts Eaton in a bind,' the Chamber wrote.
'If Eaton is forced to turn over the GDPR-protected employee evaluations, it may face enforcement actions in Europe. Eaton presumably could not defend itself by arguing that the GDPR is overly protective or that a US court viewed the privacy interests in the evaluations as minor.'
The Chamber called for the court's judgment to be reversed.
In May, an American judge instructed Eaton to disregard GDPR rules and hand over controversial employee-performance evaluations to the IRS, following a long-running legal dispute.
The IRS hopes to use the evaluations to judge how much work Irish-based staff were doing on some of Eaton's intellectual property, potentially showing whether Eaton was being taxed correctly or not.
The case stems from an IRS audit of Eaton's 2017-2019 tax returns, which focused on whether the company improperly shifted IP to Ireland, where corporate tax rates are lower.

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The Journal
22 minutes ago
- The Journal
Thousands in Irish public money spent on pushing cheap substitute 'milk' in West Africa
OVER €250,000 IN public funds have been used to help Irish dairy giants push products in West Africa that are 'putting its small scale farmers out of business'. That is according to a new investigation with DeSmog and Nigerian news outlet Premium Times on the impact of Ireland's booming fat-filled milk powder (FFMP) industry. The team can also reveal that certain brands are targeting advertising at Nigeria, Ghana and Senegal's parents, claiming the product is good for their children. It follows an investigation last year by The Journal Investigates and Premium Times exposing how large volumes of the cheap substitute 'milk' was being exported to West Africa, outcompeting local milk on price. Fat-filled milk powder is made by spray-drying skimmed milk combined with vegetable fats like palm or coconut oil because its dairy fats were removed to make more profitable products like butter. It cannot be sold in the EU as 'milk' because of the addition of palm or vegetable oil – with the vast majority shipped outside of Europe. While countries like the Netherlands, Germany, France and Poland also export FFMP, Ireland is by far the biggest player, exporting 30% of the EU's FFMP. Lakeland Dairies, Tirlán and Ornua, which had a combined turnover of €7.8bn in 2024, were the top exporters of FFMP to Nigeria and Ghana from 2021 to 2024 according to Volza export-import trade data. None of three companies responded to the team's requests for comment. Little known in Ireland, fat-filled milk powder is the State's largest (by volume) dairy export, and its fourth most valuable – worth €813 million last year. But its success continues to come at a cost for farmers in countries in West Africa, including Nigeria. Ireland's food and drink authority Bord Bia helped promote the product in these countries with a €170,745 taxpayer-funded 2023 trade mission and €82,500 on joint campaigns with Ornua for World Milk Day from 2021 to 2024. A number of other Irish products, including full-fat milk powder, were also promoted at these events. The Department of Agriculture, Food and Marine (DAFM) said that this 'was the first agri-food Ministerial Trade Mission to the West Africa region since 2015″. It included 'government-to-government meetings and Bord Bia and Enterprise Ireland engagements with leading customers for Irish agri-food and agri-tech'. 'Meetings also took place with UN Food and Agriculture Organisation and UN World Food Programme in relation to food security and humanitarian needs in the region.' Miksi, which is partly supplied by Lakeland Dairies, advertised in a shop in Nigeria. Beloved John / Premium Times Beloved John / Premium Times / Premium Times Investigations like this don't happen without your support… Impactful investigative reporting is powered by people like you. Advertisement Support The Journal Investigates Selling dairy to 'lactose intolerant' people The World Milk Day campaign promoted Ornua's FFMP product Kerrygold Avantage, alongside its full-cream milk powder which is made of full-fat milk. Details of this campaign, released following an Oireachtas question, included partnerships with social media influencers as well as making food and drinks with Kerrygold Avantage FFMP. A Bord Bia spokesperson told the investigative team that 'the campaigns were implemented across digital media channels (X and Instagram) incorporating promotion partnership with people or groups who have a significant following on social media'. Documents obtained from Bord Bia through Freedom of Information (FOI) requests highlight how market research demonstrated that the dairy industry could be selling lactose-high products to 'lactose intolerant' young people in Nigeria. The FOI documents also show how executives from Ireland's Lakeland Dairies, Tirlán and Ornua attended a slideshow presentation as part of the mission to 'increase knowledge of Irish dairy' in Nigeria and Senegal. While parts of the slideshow have been redacted, it reads 'the consumption of milk among young adults is low' adding 'many of them are lactose intolerant' in Nigeria. Fat-filled milk powder contains up to 37% lactose and intolerance to it can cause bloating, diarrhea, and stomach cramps. 'It's a common health issue in the country,' said Nigerian nutrition specialist Auwalu Aliyu. Market research commissioned by Bord Bia also showed that most consumers are unaware of the differences between whole milk powder and FFMP – an issue previously reported by The Journal Investigates . In relation to the promotion of FFMP, a DAFM spokesperson said that 'the placement of product on the market is a commercial decision for companies to make in accordance with the applicable legislation and market demand'. 'While promotional campaigns are an operational matter for Bord Bia, they have advised that their activities promoting Irish dairy to international customers are not typically product specific.' Redacted trade mission presentation, obtained from Bord Bia, which mentions lactose intolerance. Bord Bia (via FOI) Bord Bia (via FOI) 'Importance of brand building' Companies involved in the trade mission also enjoyed privileged access to key market players in Abuja and Lagos, Nigeria and Dakar in Senegal with attendees asked if they 'would be interested in a ministerial Top to Top meeting with [their] customer'. Bord Bia said it held a number of government-to-government meetings during the visit, while Bord Bia and Enterprise Ireland held engagements with 'leading customers for Irish agri-food and agri-tech'. 'Branded milk powder is clearly the consumers' choice,' notes one slide. Another reveals nearly all Nigerian shoppers buy branded milk powder – up from 84% in 2017 to 99% in 2023. A further line crossed out in the document noted 'the importance of brands and brand-building in Nigeria, even among lower social classes'. Separately, Bord Bia has said that there is 'difficulty in differentiating high and low quality FFMP' and that 'having more branded products with information on provenance and specifications can support the differentiation of our quality product'. The same presentation notes that West Africa's increasing population is a driving factor for growth in FFMP imports – summarised in the slideshow as 'more mouths to feed'. Urbanisation was equated to 'easier to access mouths'. Related Reads Irish products among cheap EU dairy forcing some West African farmers out of business Health and environmental claims Cheaper than fresh milk, FFMP has a longer shelf life and is marketed as a 'good' source of protein. It is used as a milk substitute, tea and coffee 'creamer' and a base for yoghurts, drinks and desserts. Perceptions of the product as healthy and sustainable are carefully crafted in West Africa, where consumers are targeted through social media, billboards, TV and in-person campaigns. Analysis of hundreds of Facebook, X, Instagram and TikTok posts from 2022 to 2024, found brands frequently make claims about the health benefits and environmental impacts of their products. Kerrygold Nigeria promotes its products as sustainable, claiming on X that its dairy 'reduces its environmental footprint, while also providing nutritious foods and livelihoods around the world'. It also claimed that Kerrygold Avantage Milk guarantees 'rich creamy goodness'. Ornua, who makes this, did not respond to the investigative team's queries. However, Barry Newman, the then regional head for Ornua North & Central Africa, addressed sustainability at the launch of Kerrygold Avantage FFMP in Nigeria in 2019. He said that Kerrygold Avantage was 'always going to be sourced on the island of Ireland which has a long long history of milk production'. He also said that the company was proud that 'the palm oil that is used in Kerrygold will be from responsibly sourced palm oil producers which constitutes 20% of the world's palm oil production'. A post on Instagram by Kerrygold Nigeria promoting the Avantage FFMP product. @kerrygoldnigeria on Instagram @kerrygoldnigeria on Instagram A DAFM spokesperson did say that 'Ireland's carbon footprint per unit of milk produced is one of the lowest amongst milk-producing countries due to our grass-based production system' but did not provide any links to research which supports that statement. Miksi, a major fat-filled milk powder brand partly supplied by Ireland's Lakeland Dairies, said on Facebook it 'contains all the calcium, proteins and vitamins essential for the proper development of growing children'. Though Lakeland Dairies is not the ultimate seller of Miksi in Nigeria, it is listed on Volza export data as shipping milk powder containing vegetable fats and oils under the Miksi brand name. On it's website, Lakeland Dairies states that its fat-filled milk powder is 'a staple in global markets due to its quality, consistency, flavour and functionality'. Tirlán, who claims to be the largest producer of FFMP in Europe, states online that its product 'is designed to offer an affordable alternative source of dairy nutrition without compromising on taste and texture'. 'Zero health outcome data for this product' While some experts told the investigative team there has been little research on the nutritional qualities of FFMP and 'zero health outcome data', the product was celebrated as 'a fabulous success story for Irish farmers' at a May symposium on milk drying technology in Cork. 'A lot of the public just see butter and cheese and think, that's the dairy industry,' director of Dairy Industry Ireland, Conor Mulvihill, said at the conference. He added: We are no longer a dairy industry, we're a nutrition industry. 'There's a huge demand for Irish butter… which means we have a lot of grass based protein powders that then can be shipped at ambient temperatures around the world.' We asked dairy experts at the event about the nutritional impact of replacing milk fat with vegetable oils to make FFMP. The Irish and US panellists stayed silent while Gert Hols from Danone in the Netherlands said: 'There is research happening.' Dr Emma Feeney, an assistant professor at University College Dublin's School of Agriculture and Food Sciences, said it's 'almost a bit of a black box – there isn't a huge pile of work on the nutritional side of it'. Dr Shireen Kassam, a haematologist and honorary senior lecturer at King's College Hospital, said: 'We have absolutely zero health outcome data for this product.' Sign up The Journal Investigates is dedicated to lifting the lid on how Ireland works. Our newsletter gives you an inside look at how we do this. Sign up here... Sign up .spinner{transform-origin:center;animation:spinner .75s infinite linear}@keyframes spinner{100%{transform:rotate(360deg)}} You are now signed up EU regulations state that fat-filled milk powder should contain at least 23% protein and a maximum of 30% fat. Packaging analysed by this investigation showed Miksi FFMP sold in Nigeria contains only 10% protein and 35% fat, while Kerrygold Avantage met the requirements. Tom Lynton Tom Lynton Nigerian farmers are struggling Farmers in the region told The Journal Investigates last year that it was cheaper to import milk than buy it locally. That continues to be a problem. 'The FFMP exported to West Africa is putting African farmers out of business, while simultaneously driving up Ireland's greenhouse gas emissions,' Paul Murphy TD told the investigative team. Aliyu Ilu, chief executive of five-acre Little Acres dairy farm in Abuja, Nigeria said they 'struggle with several things'. 'These range from electricity to transportation to the high cost of feed for the cattle' as well as the lack of security, climate complications, infrastructure issues and little government funding. Meanwhile in Ireland, where the Environmental Protection Agency continuously highlights how agricultural intensification is impacting waterways and risking government climate targets, dairy is heavily subsidised through Common Agricultural Policy. Bord Bia – and Ireland's dairy industry – routinely claim Irish dairy production is sustainable and has one of the lowest carbon footprints in Europe due to 'grass-based production'. Dr Elaine McGoff, head of advocacy for Ireland's National Trust An Taisce said this oft cited claim is 'based largely on old, outdated data' with a study claiming that, later debunked. Researchers instead found 'Ireland had the fourth highest emissions in Europe for dairy production'. She added: 'The intensification of agriculture, particularly dairy expansion, over the last decade is driving all of our environmental indicators off a cliff.' But not all Irish farmers consider intensive farming a 'success story'. 'The problem is that the dairy production that we have a lot of, is far beyond what the capacity of the ecosystems can carry in terms of water, in terms of energy,' said Fergal Anderson, vegetable farmer and member of Ireland's grassroots farmers group Talamh Beo. He added: 'I think most farmers wouldn't be happy to think that FFMP is where their milk ends up… that it's actually undermining a farm family somewhere else.' The Journal Investigates Reporters: Shauna Corr , Brigitte Wear , Phoebe Cooke and Beloved John • Investigation Partners: DeSmog and Premium Times • Social Media: Cliodhna Travers • Main Image Design: Lorcan O'Reilly Investigations like this don't happen without your support... Impactful investigative reporting is powered by people like you. Over 5,000 readers have already supported our mission with a monthly or one-off payment. Join them here: Support The Journal


Irish Examiner
34 minutes ago
- Irish Examiner
EU Targets Boeing, US cars and bourbon with €72bn retaliatory tariff list
The EU has finalized a second list of countermeasures to target US goods worth €72bn including Boeing aircraft, automobiles and bourbon if it decides to retaliate against Donald Trump's tariff policy. On Monday Mr Trump said he is still open to more trade negotiations with the EU after announcing over the weekend a 30% levy on EU imports that will kick in on August 1 if the two sides fail to agree on a better deal. EU trade chief Maros Sefcovic was planning to speak with US Commerce Secretary Howard Lutnick late Monday as he pushes for a settlement that the EU insists must be mutually beneficial to both sides. 'We're always open to talk,' the US president told reporters at the White House. 'We are open to talk, including to Europe. In fact, they're coming over. They'd like to talk.' Over the weekend, Mr Trump set out his plans for higher EU tariffs which Sefcovic called 'effectively prohibitive' to transatlantic trade. EU trade ministers met in Brussels on Monday to discuss next steps. The additional EU duties would also be slapped on US machinery products, chemicals and plastics, medical devices, electrical equipment, wines and other agricultural goods, according to a 206-page list prepared by the European Commission and seen by Bloomberg News. The list, initially hitting American goods totaling €95 billion, was cut down after consultations with companies and member states. Countries must give their approval before the list's adoption. The suite of measures pre-dates the weekend letter threatening to raise tariffs to 30% and represents the EU's response to an earlier so-called reciprocal tariff of 20% hitting most goods as well as the additional levies on cars and car parts of 25%. European Commission representatives did not immediately respond to a request for comment early Tuesday morning. The list, which was reported earlier by Politico, does not include a tariff rate for the goods. Over the weekend, the EU announced it was set to extend a suspension of tariffs on a first list of €21bn of US products in response to additional steel and aluminum tariffs from Mr Trump. The EU's new list of targeted US products includes more than €65bn of industrial goods, including nearly €11bn in aircraft, more than €9.4bn in machinery, and €8bn in cars. More than €6bn of US goods hit are agrifood products, mostly fruits and vegetables and alcoholic drinks. Bloomberg

The Journal
43 minutes ago
- The Journal
It's 'challenging' to explain why Ireland's electricity prices are above other countries, says ESRI
ELECTRICITY PRICES IN Ireland have not declined to the same extent as in other EU countries and it's difficult to explain why, the Economic and Social Research Institute (ESRI) will tell an Oireachtas committee today. In the body's opening statement, it sets out that the Irish economy will face 'headwinds' in the months ahead due to growing global uncertainty. Specifically addressing energy costs, the ESRI states that Irish energy prices have declined since the heights of the energy crisis in the wake of the war in Ukraine, but despite this, the prices paid by consumers remain at high levels. 'Prices for electricity in particular have not yet declined to the same extent as other EU countries. 'It is challenging to confidently identify the reasons for this, but prices are still largely driven by gas prices, and Ireland has not diversified away from using gas to generate electricity to the same extent as other EU countries,' it states. In May, a Eurostat survey revealed that Irish consumers pay the third-highest costs in Europe for electricity. It found the average Irish household is paying approximately 30% more (around €347 more) per year for electricity than the average EU home. Advertisement The ESRI will tell committee members today that large investments in the electricity grid are required in order to meet growing demand, diversified supply, and to improve efficiency in the network, and the cost of subsidising renewable energy is also likely to increase. This means the cost base of electricity is projected to shift away from variable costs and towards fixed costs, which the ESRI states is 'good for consumers, as it reduces exposure to high price spikes' . However, it goes on to say in its statement that it 'may be regressive, depending on how these fixed costs are recovered by energy companies'. Network tariffs should be designed taking these contributions to costs into account, said the ESRI. Energy Minister Darragh O'Brien told The Journal last month that he had set up an affordability task force within his department to look at options on how to drive affordability. The cost of electricity for Irish customers is still linked at European level to the wholesale gas price, said the minister. O'Brien said he has raised the matter with the European Commission on how to break that link, but said it is a 'medium term' body of work that is needed before any changes will be seen. 'More EU states like Ireland are now producing more renewable energy, yet the energy cost itself is still linked to the wholesale gas prices. So that's something that at an EU level, I can't change that independently for Ireland, that's something that we will be having discussions on at an EU level,' said the minister. Readers like you are keeping these stories free for everyone... A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation. Learn More Support The Journal