25th April 2025
A strategic refresher for Irish solicitors navigating data risk in estate and probate work
Despite the headlines having cooled, GDPR is no less potent in 2025 — and for Irish solicitors, the risks and responsibilities have evolved.
From handling sensitive beneficiary data to managing client documents that span jurisdictions, today’s legal practitioners face a data protection landscape that’s more complex, more regulated, and more scrutinised than ever.
Whether you’re a sole practitioner or managing a multi-partner firm, it’s worth taking a strategic moment to re-evaluate how GDPR fits into your operations. Because non-compliance doesn’t just risk fines — it threatens client trust and professional credibility.
The Misconception: “We’re Already Compliant.”
Many firms set up privacy policies, staff training, and data procedures when GDPR launched. But data protection is not a one-and-done task.
Since 2018, case law, enforcement trends, and regulatory guidance have evolved. If your privacy documentation, consent practices, or DSAR processes haven’t been revisited recently, you’re likely operating with legacy assumptions.
Common Areas of Drift We’re Seeing:
1. Consent is Overused
Consent is not the gold standard many assume it is — especially in employment relationships, where it may not be legally valid. Solicitors often rely on consent unnecessarily where contractual necessity or legal obligation is more appropriate and robust.
2. Retention Periods Are Vague
“We keep data as long as necessary” won’t hold up under scrutiny. Firms should define — or at least clearly explain — how retention periods are determined, especially for sensitive correspondence, case records, and archived leads.
3. Data Transfers Are Assumed Safe
Cloud-based case management tools, outsourced transcription, or third-party providers often involve data transfers outside the EU. Even trusted providers need to be assessed against transfer frameworks and adequacy decisions — not just assumed compliant.
4. DSARs Are Underestimated
Data subject access requests can arrive with little warning and create a substantial administrative burden. Without clear internal protocols, even small firms can struggle to comply with GDPR’s strict 30-day timeline — particularly when the request is tactical or adversarial.
5. Processor Relationships Aren’t Formalised
If you’re working with accountants, software vendors, or other third-party service providers who process data on your behalf, you need Article 28-compliant agreements — not just an NDA or a handshake.
Reframing GDPR as a Strategic Advantage
Legal professionals are often advised to “just be safe” with data. But compliance isn’t just about minimising risk — it’s about increasing confidence.
✅ Confidence in how you handle sensitive client and heir data
✅ Confidence that your systems, staff, and partners won’t expose your firm
✅ Confidence to push back when clients misunderstand their rights
The firms that treat GDPR as a living framework — not a checkbox — are better positioned to operate securely, scale intelligently, and retain trust.
Want to Deepen Your Knowledge?
We recently hosted a CPD webinar presented by barrister Laura Keogh, offering an up-to-date, practical walk-through of GDPR obligations for solicitors in Ireland. From legal bases to processor agreements, Laura shares clear, actionable insights for everyday practice.