Latest news with #MarkSanfey
BreakingNews.ie
23-06-2025
- Business
- BreakingNews.ie
Sky Ireland tells court it is not obliged to give end of contract notice
The Communications Regulator is seeking High Court orders requiring Sky Ireland Ltd to end its practice of automatically renewing customers' contracts without first informing them their contracts are about to end or of alternative tariffs. Comreg claims Sky is in breach of 2022 EU regulations requiring communications service providers to inform consumers in a prominent and timely manner of the end of the contractual commitment and means by which to terminate the contract. Advertisement It says Sky is also contravening the regulations by failing to provide consumers with "best tariff advice" before the contract is automatically prolonged. They are the only one of the five big providers refusing to do so, Comreg says. Sky disputes Comreg's interpretation of the relevant legal provisions and says they only apply to contracts with a fixed duration. Its customers' contracts are subscription contracts of indeterminate duration, it says. The regulations, Sky argues, are designed to address the potential harm of consumers getting automatically prolonged in the contract for a second term without their knowledge. Advertisement This harm does not arise in relation to Sky customers as its contracts do not follow this type of model in Ireland, it argues. It also says the ultimate interpretation of the regulations is for the courts to decide. On Monday, Mr Justice Mark Sanfey admitted Comreg's proceedings against Sky to the fast track Commercial Court on the application of Eoin McCullough SC, for the regulator, and on consent from Andrew Fitzpatrick SC, for Sky. The case was adjourned to December. In an affidavit seeking entry of the case to the commercial list, Miriam Kilraine, Comreg compliance operations manager, said the purpose of end of contract information and best tariff advice, when a contract is nearing end and about to be "auto-prolonged", is that customers are afforded an opportunity of making an informed decision to stay with their current provider on the same or different package or to switch to a new provider. Advertisement This is important particularly as customers may be losing discounts and therefore incurring higher prices and, in the case of Sky customers, this could include bundled TV, broadband and telephone services, she said. As part of its review and enforcement functions, Comreg began an investigation last September and Virgin Media, Eircom, Three and Vodafone all confirmed they are in compliance but Sky said it did not do so. Further investigations into Sky followed and in December Sky said it would not be complying because of its interpretation of the regulations. Entertainment Former Sky News host Dermot Murnaghan diagnosed wi... Read More Ms Kilraine said it is clear there is a fundamental disagreement between the parties regarding the interpretation of the relevant legal provisions in this case. It is Comreg's position that Sky has failed and continues to fail to comply with its obligations under the 2022 regulations, she said. She also said Sky's UK arm, Sky UK Ltd, has taken a different position to its Irish counterpart and provides best tariff information to its customers. This followed enforcement action against Sky UK by the UK watchdog, Ofcom, in 2021 which concluded in Ofcom's favour last December, Ms Kilraine said.
Irish Independent
23-06-2025
- Business
- Irish Independent
Sky argues customers don't have to be told contracts are renewing
Comreg claims Sky is in breach of 2022 EU regulations requiring communications service providers to inform consumers in a prominent and timely manner of the end of the contractual commitment and means by which to terminate the contract. It says Sky is also contravening the regulations by failing to provide consumers with "best tariff advice" before the contract is automatically prolonged. Sky is the only one of the five big providers refusing to do so, Comreg says. Sky disputes Comreg's interpretation of the relevant legal provisions and says they only apply to contracts with a fixed duration. Its customers' contracts are subscription contracts of indeterminate duration, it says. The regulations, Sky argues, are designed to address the potential harm of consumers getting automatically prolonged in the contract for a second term without their knowledge. This harm does not arise in relation to Sky customers as its contracts do not follow this type of model in Ireland, it argues. It also says the ultimate interpretation of the regulations is for the courts to decide. On Monday, Mr Justice Mark Sanfey admitted Comreg's proceedings against Sky to the fast track Commercial Court on the application of Eoin McCullough SC, for the regulator, and on consent from Andrew Fitzpatrick SC, for Sky. The case was adjourned to December. In an affidavit seeking entry of the case to the commercial list, Miriam Kilraine, Comreg compliance operations manager, said the purpose of end of contract information and best tariff advice, when a contract is nearing end and about to be "auto-prolonged", is that customers are afforded an opportunity of making an informed decision to stay with their current provider on the same or different package or to switch to a new provider. This is important particularly as customers may be losing discounts and therefore incurring higher prices and, in the case of Sky customers, this could include bundled TV, broadband and telephone services, she said. As part of its review and enforcement functions, Comreg began an investigation last September and Virgin Media, Eircom, Three and Vodafone all confirmed they are in compliance but Sky said it did not do so. Further investigations into Sky followed and in December Sky said it would not be complying because of its interpretation of the regulations. Ms Kilraine said it is clear there is a fundamental disagreement between the parties regarding the interpretation of the relevant legal provisions in this case. It is Comreg's position that Sky has failed and continues to fail to comply with its obligations under the 2022 regulations, she said. She also said Sky's UK arm, Sky UK Ltd, has taken a different position to its Irish counterpart and provides best tariff information to its customers. This followed enforcement action against Sky UK by the UK watchdog, Ofcom, in 2021 which concluded in Ofcom's favour last December, Ms Kilraine said.
Irish Times
23-06-2025
- Business
- Irish Times
Sky Ireland tells court it is not obliged to give end of contract notice
The communications regulator. ComReg, is seeking High Court orders requiring Sky Ireland Ltd to end its practice of automatically renewing customers' contracts without first informing them their contracts are about to end and of alternative tariffs. ComReg claims Sky is in breach of 2022 European Union regulations requiring communications service providers to inform consumers in a prominent and timely manner of the end of the contractual commitment and means by which to terminate the contract. It says Sky is also contravening the regulations by failing to provide consumers with 'best tariff advice' before the contract is automatically prolonged. Sky is the only one of the five big providers refusing to do so, ComReg says. Sky disputes ComReg's interpretation of the relevant legal provisions and says they only apply to contracts with a fixed duration. Its customers' contracts are subscription contracts of indeterminate duration, it says. READ MORE The regulations, Sky argues, are designed to address the potential harm of consumers getting automatically prolonged in the contract for a second term without their knowledge. This harm does not arise in relation to Sky customers as its contracts do not follow this type of model in Ireland, it argues. It also says the ultimate interpretation of the regulations is for the courts to decide. On Monday, Mr Justice Mark Sanfey admitted Comreg's proceedings against Sky to the fast track Commercial Court on the application of Eoin McCullough SC, for the regulator, and on consent from Andrew Fitzpatrick SC, for Sky. The case was adjourned to December. In an affidavit seeking entry of the case to the commercial list, Miriam Kilraine, ComReg compliance operations manager, said the purpose of end of contract information and best tariff advice, when a contract is nearing end and about to be 'auto-prolonged', is that customers are afforded an opportunity of making an informed decision to stay with their current provider on the same or different package or to switch to a new provider. This is important particularly as customers may be losing discounts and therefore incurring higher prices and, in the case of Sky customers, this could include bundled TV, broadband and telephone services, she said. As part of its review and enforcement functions, ComReg began an investigation last September and Virgin Media, Eircom, Three and Vodafone all confirmed they are in compliance but Sky said it did not do so. Further investigations into Sky followed and in December Sky said it would not be complying because of its interpretation of the regulations. Ms Kilraine said it is clear there is a fundamental disagreement between the parties regarding the interpretation of the relevant legal provisions in this case. It is ComReg's position that Sky has failed and continues to fail to comply with its obligations under the 2022 regulations, she said. She also said Sky's UK arm, Sky UK Ltd, has taken a different position to its Irish counterpart and provides best tariff information to its customers. Th followed enforcement action against Sky UK by the UK watchdog, Ofcom, in 2021 which concluded in Ofcom's favour last December, Ms Kilraine said.
Irish Examiner
23-06-2025
- Business
- Irish Examiner
Sky Ireland says it is not obliged to give end-of-contract notice
The communications regulator is seeking High Court orders requiring Sky Ireland Ltd to end its practice of automatically renewing customers' contracts without first informing them their contracts are about to end or of alternative tariffs. ComReg claims Sky is in breach of 2022 EU regulations requiring communications service providers to inform consumers in a prominent and timely manner of the end of the contractual commitment and means by which to terminate the contract. It says Sky is also contravening the regulations by failing to provide consumers with "best tariff advice" before the contract is automatically prolonged. Sky is the only one of the five big providers refusing to do so, ComReg says. Sky disputes ComReg's interpretation of the relevant legal provisions and says they only apply to contracts with a fixed duration. Its customers' contracts are subscription contracts of indeterminate duration, it says. The regulations, Sky argues, are designed to address the potential harm of consumers getting automatically prolonged in the contract for a second term without their knowledge. This harm does not arise in relation to Sky customers as its contracts do not follow this type of model in Ireland, it argues. It also says the ultimate interpretation of the regulations is for the courts to decide. On Monday, Mr Justice Mark Sanfey admitted ComReg's proceedings against Sky to the fast track commercial court on the application of Eoin McCullough SC, for the regulator, and on consent from Andrew Fitzpatrick SC, for Sky. The case was adjourned to December. In an affidavit seeking entry of the case to the commercial list, Miriam Kilraine, ComReg compliance operations manager, said the purpose of end-of-contract information and best tariff advice, when a contract is nearing end and about to be "auto-prolonged", is that customers are afforded an opportunity of making an informed decision to stay with their current provider on the same or different package or to switch to a new provider. This is important, particularly as customers may be losing discounts and therefore incurring higher prices and, in the case of Sky customers, this could include bundled TV, broadband and telephone services, she said. As part of its review and enforcement functions, ComReg began an investigation last September and Virgin Media, Eircom, Three and Vodafone all confirmed they are in compliance, but Sky said it did not do so. Further investigations into Sky followed and in December Sky said it would not be complying because of its interpretation of the regulations. Ms Kilraine said it was clear there was a fundamental disagreement between the parties regarding the interpretation of the relevant legal provisions in this case. It is ComReg's position that Sky has failed and continues to fail to comply with its obligations under the 2022 regulations, she said. She also said Sky's UK arm, Sky UK Ltd, had taken a different position to its Irish counterpart and provided best tariff information to its customers. This followed enforcement action against Sky UK by the UK watchdog, Ofcom, in 2021, which concluded in Ofcom's favour last December, Ms Kilraine said.
Irish Independent
05-06-2025
- Business
- Irish Independent
Social media giant TikTok wins ‘stay' on order banning data transfers to China
Mr Justice Mark Sanfey said the stay would be in place until early October when the court will hear an application by TikTok seeking a longer stay until the court hears the full challenge to the DPC decision which included a €530m fine on TikTok. The judge, who heads the Commercial Court, also granted TikTok an application to have the case admitted to the fast track commercial list. The court heard there was no objection to entry from the DPC. The judge was told TikTok are claiming they face billions in losses if the decision stands and if they did not get a stay until the full case is heard. He said the justice of case required he would grant a stay until October. The court could not hear an application for the stay in July, as TikTok wanted, because the DPC needed time to prepare its case to oppose the stay. Earlier, Declan McGrath SC, for TikTok, said his client estimates losses post the suspension will run into billions with losses already running at €109m. He was very much pressing the case for an interim stay on the suspension decision. Counsel said the DPC decision is that data transfers from countries in the European Economic Area (EEA) – which includes all the EU along with Iceland, Liechtenstein, and Norway – to China must cease. The data is not in China and is stored outside, but Chinese engineers can access it. The DPC order requires that this remote access is to cease and that the processing of the data must be brought into compliance which addresses potential issues around storing of data. The date on which this "corrective order" takes place is six months from 28 days after the order is made, which is the period within which an appeal must be brought. That means there must be compliance by November 29, counsel said. TikTok is also required to show by July that it has taken steps towards compliance, how it is to be implemented and how it will be communicated to service users within the EEA, he said. This was also why there was an urgency to the stay application. The cost of this to TikTok will include having to relocate engineers and hire new ones in the EEA and other irreversible steps which represent damages that cannot be recouped, he said. It also impacts on taxation and other matters, including loss of goodwill. Kelley Smith SC, for the DPC, said she was not in a position to agree to any of Mr McGrath's application. She said her side needed time to prepare given the volume of paperwork in the case. Mr Justice Sanfey approved directions for the progress of the stay application in October and said the case could also be mentioned before a vacation sitting of the Commercial Court in September.
