Man with lightbulb representing Innovation

Agile Innovation Fund: Easier than ever for companies of all sizes to access R&D funding

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It is now easier than ever for Irish companies to access R&D funding to improve their products and services and compete internationally.

That was the message from Enterprise Ireland and the national network of Local Enterprise Offices to representatives from more than 60 companies who attended a research, development and innovation event recently in Dublin.

Enterprise Ireland and the LEOs pledged to use the Agile Innovation Fund to support companies of all sizes as they to seek to open new export markets and grow – promising a fast, flexible and simple application process.

 

Find more information about the Agile Innovation Fund here.

Speaking at the Agile Innovation Workshop, Eoghan Hanrahan, Enterprise Ireland Regional Director for the Dublin Region and Regional Development, said: “In doing R&D, companies have to challenge the norms, do something different, look at achieving some kind of technical innovation to try and future-proof their company.

 

Get support for Agile Innovation

“We recognise that R&D can be challenging but it is a very important step for any business to take and it’s also important that they are supported in doing so. Enterprise Ireland and the LEOs are here to assist people and companies who want to invest in R&D. The Agile Innovation Fund offers up to 50% funding to a maximum of €150,000 in grant aid.”

Irish companies are spending less on R&D than most European competitors. Latest Eurostat figures show that spending in 2017 equated to 1.05% of GDP, almost half the EU average of 2.07% and well behind R&D leaders Sweden, Austria, Denmark and Germany – all of whom spent more than 3% of GDP.

Of the €3bn that was invested in R&D in Ireland, €1bn was spent by indigenous companies. It is notable that in 2007, Ireland spent a higher percentage of GDP (1.23%) on R&D than it did in 2017.

Joe Madden, Manager of In-Company R&D Supports at Enterprise Ireland, told the workshop that the Agile Innovation Fund was designed to counter the belief among SMEs that funding R&D is too costly and that securing state support for projects is too complex and geared towards larger operations.

 

Flexible and fast access to Agile Innovation funding

“The Agile innovation fund was introduced at the beginning of 2018 as a response to a very steep fall off in applications for R&D support,” Mr Madden said. “Companies were telling us that the standard R&D application process was too complicated and very often they would have a project finished before they even knew whether they were going to get approval to do it.

“We needed to introduce something much more flexible, much faster and where the funding wasn’t as high so that we could apply a less onerous process for evaluating and approving applications.”

The main feature of the Agile Innovation Fund is its fast turnaround time, with an application process that results in decisions in a few weeks rather than several months. More than 90 companies have drawn down around €20m in funding since it was launched last year, with 90% of them rating the application process as relatively simple in a survey.

Madden added: “There are only two documents required to apply for the Agile Innovation Fund, an online application form and a project plan. The project plan is what the technical assessment of the application is based on. The technical assessors are looking for two things: is this eligible R&D and are the costs reasonable. To be eligible R&D, there has to be technical uncertainty – this means the project must demonstrate some kind of product or process development technical challenge.

“Total expenditure on any single application is limited to €300,000, so if your project spend goes to €300,001, it is not eligible for funding. Typically for a smaller company, the funding would be 45% of the total cost, which equates to a maximum grant of €135,000. If a small company collaborates with a partner, this funding can rise to 50% and therefore the limit increases to €150,000.”

The goal of the Agile Innovation Fund is to increase the amount of spending by indigenous companies of all sizes on R&D across the economy.

 

Local Enterprise Office support

Oisin Geoghegan, Head of Enterprise at LEO Fingal, advised companies that are not Enterprise Ireland clients to get in touch with their Local Enterprise Office.

He said: “Providing assistance and funding for R&D projects or innovation is one of the core reasons why the Local Enterprise Offices are here. R&D is not just about wearing white coats and having a lab. Most of the businesses we are dealing with could potentially apply for and receive R&D grants

“We want to see more applications from SMEs and the LEOs will work with you to give you advice and guidance on the application process. It’s called Agile for a reason, the application process is straightforward, it’s online and we want to see applications processed and approved quickly.”

Apply for the Agile Innovation Fund now.

John Ferguson Ambition Asia Pacific 2

‘Phenomenal’ middle class growth in Asia Pacific an opportunity for Irish companies

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The growth of the middle class throughout Asia Pacific presents ambitious Irish companies with unprecedented opportunities, delegates at the recent Ambition Asia Pacific conference in Dublin heard.

Some 23 million new ASEAN households are on track to earn more than US $35,000 a year by 2030 in what is “the fastest-growing, most dynamic region in the world,” said John Ferguson, Director of Country Analysis at the Economist Intelligence Unit, who provided an overview of growth trends and opportunities in the region.

 

Growth rates in Asia Pacific countries

In China, major strategic programmes such as Made in China 2025 and the long term Belt and Road construction initiative “are not going away”, he said.

“Chinese growth is still just very modestly slowing down to around 6%,” he said. The government there is using monetary goals and fiscal policy to maintain that growth.

Even allowing for the challenges facing China, “it’s still going to grow pretty reasonably well over the next couple of years,” he said.

Growth prospects in Japan, at 1%, are much smaller, however. As a huge, developed and rich economy, it’s one in which there are still “a lot of opportunities” for Irish companies, he suggested.

Much of that opportunity relates to Japan’s Society 5.0 initiative, the Japanese government’s focus on artificial intelligence, sensor technology and automation.

“This is a huge initiative for the Japanese. That’s where some of the growth opportunities will present themselves in Japan, already a highly developed economy but really trying to push themselves with this fourth industrial revolution.”

India represents a particularly “bright spot” in the global economy, said Ferguson, who predicted growth of around 7% on average likely over the next five years.John Ferguson Ambition Asia Pacific

This compares with global growth of around 2% and Asian growth of between 4% and 5%. India’s growth outlook is “extraordinary”, he said.

The primary opportunity in India, as in Asia Pacific countries such as Vietnam and Cambodia, is one of population development and subsequent growth in demand for consumer goods and services.

With predicted growth levels of 5% and a large population, Indonesia is another really strong performer, again driven by the fast growth of its middle, or consuming, class, he said.

Indonesia’s five-year growth rate forecast is almost double that of Singapore’s, at 2.9%. However, the additional opportunity in Singapore comes from its ease of doing business and its popular status as a launchpad from which to do business elsewhere in the Asia Pacific region, he said.

So, while Singapore is growing a more slowly than some of the less well developed countries in the region, it’s still growing at “a pretty impressive rate of growth for economy at its stage of development.”

South Korea is another mature market but still likely to show average growth of 2.7% over the next five years. “In our view, that’s a pretty reasonable growth for a country at that stage of development.”

“The rising middle class in the Asia Pacific region is phenomenal. The world is moving east.” Kevin Sherry, executive director Global Business Development, Enterprise Ireland

Australia – another frequent launchpad into the wider region for Irish companies – and New Zealand are both stable economies but, cautioned Ferguson, both are seeing climate change and immigration becoming significant political issues.

Kevin Sherry at Ambition Asia Pacific Conf.For Irish businesses looking at these markets, either as part of their supply chain or as end markets, it’s worth keeping an eye on regulatory initiatives in relation to either, he said.

Enterprise Ireland is working with more than 600 companies who are doing business in the Asia Pacific region.  “Irish companies are used to winning in the Asia Pacific markets,” said Kevin Sherry, executive director Global Business Development at Enterprise Ireland.  “The rising middle class in the Asia Pacific region is phenomenal. The world is moving east.”

Depending on what happens in October in relation to Brexit, Ireland may be the only English speaking country in the EU, a fact that presents challenges but opportunities too, he pointed out.

Enterprise Ireland is expanding its footprint in the Asia Pacific region to help support Irish companies looking to capitalise on the growing level of opportunities there, opening new offices in Auckland, in Ho Chi Minh City, Vietnam, in Melbourne, Australia and in Shenzhen, China, he said.

 

Read more Global Ambition articles on the opportunities for Irish companies in Asia.

Discussing business opportunities

Scaling into Europe for business success

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A growing number of Irish companies are blazing a trail into Europe. Here’s why.

If ever there was a time to diversify and seek opportunities in new markets, for Irish businesses the time is now.

As a member of the Eurozone, Irish firms are well positioned for market diversification. Although launching into a new market carries risks, the Eurozone offers several advantages.

First, there is easy access to 340 million people in 19 states that share the single currency. There is the Eurozone’s stable economy that, as a bloc, will continue to grow a further 1.3% through 2019. The benefits of single currency should not be underestimated, offering zero currency risk without fluctuating exchange rates or conversion costs.

Trade in the Eurozone also benefits from the absence of tariffs and customs, while a common regulatory environment means that Irish goods and services comply with EU legislation.

 

Irish companies in Europe

Irish companies have blazed a trail into Europe before, for these reasons and more. At Enterprise Ireland’s Eurozone Summit earlier this year, Irish firms described how diversification has proven to be the key to growth. Among them was Irish workwear company Portwest, who warned that when a single client went under, they lost 35% of their business.

“It taught us a hard lesson about diversification,” said Orla Hughes, the firm’s European Commercial Manager. “If we didn’t expand to Europe, we would have 50% of our business now.”

That move 15 years ago, has seen the firm build out its sales model through distributors, and Hughes believes the Eurozone offers huge potential. “In our top 10 Eurozone countries, we have 4,500 customers or distributors of our products. When it comes to the Eurozone, even though we have been there 15 years, we feel we have only scratched the surface. Of the 60 trade shows we did worldwide last year, 35 of them were in the Eurozone. It’s got enormous potential for us.”

There were key learnings for Portwest as it hit new markets with its workwear range. For instance, in Germany, orange hi-visibility workwear vests are typically the preserve of refuse collectors, so local differences can affect sales, said Hughes.

 

Some Irish start-ups have seen success by taking their first steps in Europe.

When ParkPnP, a parking marketplace, conducted market research, it found strong competitors already in its target market – the UK – so opted instead to move directly into the European space, with the densely populated Benelux region firmly in its sights. By acquiring a local Belgian firm in the same space, it quickly acquired market share and, importantly, local market knowledge.

CEO Garret Flower described the critical importance of doing market research ahead of launching into a new territory: “You are immediately drawn to Germany because of the scale. It sounds huge.

“But dig a little deeper and you find that Germans don’t pay for their parking via apps; 90% of them still prefer to pay by coin.

“When we looked at Europe, we saw it was very much a greenfield, so we believed that if we could get to market first, we could grow quickly to maximise unused parking space with our solution.” ParkPnP CEO, Garret Flower 

The decision to locate in Belgium paid off, and the firm has adopted a franchising model to branch into the Netherlands.

“Having done it this way, we feel we have a solid foundation to roll out across Europe and can now go into France and Germany. Franchising with local players, for us, we felt was, and is, the best way to roll out. It gives us speed and speed helps us to scale.”

In order to successfully tap into Eurozone markets all elements of new market entry preparations are required: market research to select the market with the best opportunities, a value proposition that matches the new market and highlights your competitive advantage, the right route to market, and the resourcing of people, skills and funding to make it happen.

Enterprise Ireland’s world-class Market Research Centre has extensive resources to aid your research, while our Excel at Market Intelligence programme will advise how best to conduct market research.

Our Market Discovery fund is a key financial support for new market entry, ensuring you have funding to research, get expert advice and conduct market study visits. GradStart provides up to 70% of two-year salaries for graduates with relevant market language skills.

Companies we support benefit from our market advisers’ near-unmatched knowledge of market dynamics, target buyers, networks and ecosystems across six Eurozone locations. When you’re ready to enter the market, we offer a key manager grant to help co-fund the salary of personnel with the right skills to work with market advisers and drive your diversification plans.

Irish start-up Hidramed aims to revolutionise wound care with innovative product

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“I think Ireland is a great place to be a female entrepreneur. There are so many networking opportunities and great support. It’s just a case of finding it and using it.”

Suzanne Moloney, Founder and CEO, Hidramed Solutions

Key Takeouts:

  • Need for a solution to a medical issue led to the development of an innovative wound management system.
  • Mentoring helped progress to happen quickly.
  • The right support is essential to success at every phase of the journey, from prototype to launch and beyond.

Case Study: Hidramed

Finding a solution to a problem leads to the development of innovative and vital products – or to put it another way, necessity is the mother of invention. One Irish entrepreneur who embodies this phrase is Suzanne Moloney, whose very real need for a solution to managing her medical issue led to the development of a new and innovative wound management system, HidraWear.

HidraWear is the first product from Hidramed Solutions, and was developed with the support of Enterprise Ireland’s Competitive Start Fund (CSF). Suzanne herself was the recipient of a grant from a round of the CSF for Women Entrepreneurs, and believes that it is this type of support that helps the growth of women in the business world. “I think Ireland is a great place to be a female entrepreneur – there are so many networking opportunities, great support – it’s just a case of finding it and using it.”

 

Hidramed Solutions was inspired by patient frustrations

Suzanne was inspired to start Hidramed Solutions and develop HidraWear when she found that her own frustration at managing her medical condition was shared by other patients. “I have a condition called HS, or hidradenitis suppurativa. It’s a debilitating disease of the skin that affects at least 1% of the population globally, and it’s incurable. It causes lesions in the skin in places like the armpit and the groin, quite sensitive areas, which would need to be covered with a bandage. I was a chef and a baker and quite physically active in my work, and to keep a dressing on my thigh or armpit would be virtually impossible – they’d just fall off due to the moisture in the area and the fact that these areas are not flat surfaces and need to move in multiple directions. I’ve come across other HS patients improvising with sanitary towels and kitchen paper – there was literally no solution there for HS patients.

Hidramed documentation“I found myself spending far too much time on trying to manage these dressings. The straw that really broke the camel’s back was when I attended a friend’s hen party and was talking to the groom’s mother. I was shaking her hand and a dressing just fell out of my dress. I always had this idea to develop some sort of solution and that just spurred me on to really find something that worked for HS patients.”

After initial work with a product designer that didn’t progress, Suzanne decided to try again, this time with the help of Enterprise Ireland. “I applied for a co-funded Innovation Voucher to develop a prototype with design experts at NCAD.”

The result was HidraWear. “The product removes the need for using adhesive on the skin, which can damage the skin around the lesion if you’re constantly putting bandages on the area, causing medical adhesive-related skin injuries (MARSI). We’re also giving back control to HS patients by making changing a dressing quick, painless and easy. It’s very discreet and convenient too.”

“It’s a Class one medical device, so the regulatory burden is quite low, which means we can roll it out to other countries relatively quickly.” says Moloney.

The product is scheduled for launch towards the end of 2019, initially in the UK and Irish markets, but the plan is to roll it out quickly into the US and throughout Europe. We are beginning with an armpit solution and then moving onto products for other areas of the body quite quickly. But we also plan to be a support system for HS patients – we want to help, not just be a dressing company.”

 

Getting support from prototype to launch

Going from prototype to launching a working product is a long journey, but Suzanne did the research and found plenty of support along the way. “We received a grant from the CSF for Women Entrepreneurs in 2018. We also received invaluable advice and guidance along the way. Through the mentoring programme, we were paired with Aileen McGrath, who is a marketing expert and highly skilled in ecommerce – which was really vital, as we are selling directly to the consumer, an unusual approach for a medical product.

“I made some mistakes at the start but once I got the right advice, things began to happen for me very quickly – particularly when I was accepted on the BioExel Medtech Accelerator Programme at NUI Galway, which is backed by Enterprise Ireland. This was a six-month programme that taught me everything I needed to know about developing a medical device and developing a business.”

Once the first product is launched, growing its distribution and developing more products are the next items on Suzanne’s list.  The company plans to sell direct to consumer to begin with but is developing reimbursement strategies for the UK and USA, with plans to sell into healthcare channels too.

“We also have a whole series of products planned for the future, for example, adhesive-free bandaging for elderly patients, venous leg ulcers and pressure sores. Our market entry point, however, is through HS.”

Under the Competitive Start Fund, up to €50,000 in equity funding is available to successful applicants with early stage start-up companies.

 

Sourcing the right Eurozone market for your business

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Exporting to the Eurozone makes sense for Irish firms for several reasons. We share a common currency. Trade within the Eurozone benefits from the absence of tariffs and customs. A common regulatory environment means that Irish goods and services comply with EU legislation.

The Eurozone offers ease of access to 340 million people in the 19 states that share the single currency and a stable economy that, as a bloc, will continue to grow a further 1.3% through 2019.

Although the Eurozone’s population is five times that of the UK, it accounts for only 20% of all Irish exports. As such, it presents what Minister for Trade Pat Breen T.D. described as one of the greatest sources of “untapped export potential” at Enterprise Ireland’s Eurozone Summit earlier this year.

 

How to find the right Eurozone market for you

Finding the right market fit for your exports requires groundwork and an awareness that Europe is composed of different economies and markets, each with its own advantages and barriers to entry.

In order to successfully enter Eurozone markets, all elements of new market entry preparations are required: market research to select the market with the best opportunities, a value proposition that matches the new market and highlights your competitive advantage, the right route to market, and the resourcing of people, skills and funding to make it happen.

Some countries have well-known strengths and sectoral specialisms. At the Eurozone Summit, delegates heard from market experts who outlined some of the major opportunities – and some of the risks – that member state economies hold for Irish exporters.

 

Opportunities across the Eurozone

Germany is the largest Eurozone economy and the world’s fourth largest. Famed for its manufacturing sector, there are also opportunities for Irish exporters in the automotive, pharmaceuticals and medical device sectors. As one of the biggest foreign direct investors in the Irish medtech sector, German firms are familiar with Irish innovation and regard it highly.

Accessing Germany requires breaking into long-standing supply chains built on loyalty and quality, with consistency a key driver for German consumers. Decision making and order lead-in times can be protracted but the Irish reputation for flexibility stands exporters in good stead.

While many German brands are well known internationally, the domestic economy is driven by SMEs or ‘mittelstadts’, Angela Cullen, Senior Editor at Bloomberg Frankfurt, told the Eurozone Summit.

“Thousands of them form the backbone of the economy and they have honed their products to be market leaders. Partnering with a German sectoral partner may be necessary to get a market foothold.”

The nearby Benelux countries are some of the most densely populated areas of the Eurozone, allowing the rollout of a product to a large cross section within a small geographic area.

The Netherlands has long positioned itself as the number one logistics nation of the Eurozone with Rotterdam often referred to as ‘Germany’s largest port’.

As well as being the first point of entry for many physical goods, the Netherlands acts as a first point of entry for data as it is home to some of the largest data centres in Europe. Irish construction consultancy and build expertise is valued by the Dutch, with the sector continuing to show growth, and Dutch firms focused on securing their design and build supply chains post-Brexit.

“It is an extremely developed economy that is open to business and used to working with partners so it is natural for the Dutch to partner with fellow member states to bring off a project,” Willem Noë from the European Commission in Ireland said.

Belgium is often said to be one of the best test markets for products, given its population mix, and can be an ideal testbed, Ruben Hamilius, managing director of Businessgames Ireland, told the event.

“But be warned, the biggest mistake I see is exporters think ‘Build it once, sell it forever’ but that is not really the case. You need to do your research, as the product fit may not be right. Belgium is great for that.”

It certainly suited Irish parking marketplace start-up Parkpnp, who rolled out its parking app tech in Belgium first, eschewing its home market and the UK. The company has now honed its product into a franchising model already in place in the Netherlands and is rolling it out into France and Germany after learning valuable lessons in the testbed market.

In France, local language skills can be crucial, while supply chains are generally built on face-to-face contact rather than via the internet.

 

Enterprise Ireland supports can help

Enterprise Ireland’s world-class Market Research Centre has extensive resources to aid your research, while our Excel at Market Intelligence programme will advise how best to conduct market research.

Our Market Discovery fund is a key financial support for new market entry, ensuring you have funding to research, get expert advice and conduct market study visits. GradStart provides up to 70pc of two-year salaries for graduates with relevant market language skills.

Companies we support benefit from our market advisers’ near-unmatched knowledge of market dynamics, target buyers, networks and ecosystems across six Eurozone locations. When you’re ready to enter the market, we offer a key manager grant to help co-fund the salary of personnel with the right skills to work with market advisers and drive your diversification plans.

These supports will help ensure you find the right market fit and  “take advantage of the Eurozone”, as advised by the first President of the European Council, Count Herman Van Rompuy, at the Eurozone Summit.

 

 

Swiss time

Smart Swiss production creates opportunity for Irish suppliers

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Jens Altmann, a market adviser based in Enterprise Ireland’s Dusseldorf office, explains why Irish exporters are looking to Switzerland.

Fittingly for an alpine country, Switzerland offers a mountain of opportunity for Irish businesses. Although small, at just over half the size of Ireland, Switzerland is highly business-focused, boasting the second-highest gross domestic product (GDP) per capita in the world.

The Swiss manufacturing sector includes many familiar names due to an Irish presence. These include ABB Technologies, a global leader in power, robotics and automation technology, and Liebherr, one of the world’s largest manufacturers of construction machinery, helping to shape technological advances across many industries.

The development and implementation of digital applications is supported by the country’s infrastructure, data governance, education and workforce, subsidies, and other factors. Continuous development at Switzerland’s high level requires a comprehensive and reliable supply chain. That creates a variety of opportunities, particularly for companies developing smart manufacturing and industrial internet of things (IIoT) solutions.

Ralf Guenthner, Senior Partner at Swiss consultancy TEAM-FACTORY, comments, “Most technology companies in Switzerland are aware of the value IIoT and digitalisation could create for them. Developing a new mindset and holistic approach, combining technology, organisational changes and human behaviours, as well as building up a strong ecosystem, would boost value realisation.”

Ireland’s IoT industry is one of the most dynamic in the world, with companies largely focused on the industrial space, and providing software, platforms, sensors, integrated circuits, antennas, and more. Irish companies target a range of sectors including manufacturing, transport, logistics and engineering, with the aim of increasing operational efficiency, improving productivity, and enhancing health and safety.

 

Focus on Innovation

Last year, Enterprise Ireland hosted a trade mission to Zurich to help Irish companies explore IIoT opportunities in Switzerland. Over two days, 10 Irish companies engaged with industry associations, visited Swiss world-class manufacturers, and attended a targeted workshop and networking session.

Swiss multinational Schindler was one company Irish attendees visited during the trade mission. Schindler is well known for its elevators, escalators, and moving walk-ways, carrying both people and materials, and connecting vertical and horizontal transport systems through intelligent mobility solutions. Schindler’s futuristic PORT Technology lab in Switzerland showcases their ideas for innovative new transit management systems and urban living concepts.

Based in Zurich, ETH University is famous for cutting-edge research in areas such as microelectronics and robotics, and is one of the world’s top ten institutions. Enterprise Ireland collaborated with the university to host an afternoon workshop that brought together Irish companies and Swiss industry experts.

Compelling questions addressed during the session include – How do machines optimally collect and share data with other machines? How can they operate with increasing autonomy? Which applications are most impacting the development of IIoT and Machine to Machine (M2M)? How can opportunities for suppliers of everything from antennae and chips, to sensors and software, be captured?

 

Irish Swiss relations

Enterprise Ireland’s Dusseldorf office is focused on helping IoT companies to identify and exploit opportunities arising from the digitalisation of Swiss industry, and across the wider German-language region. We are extending our engagement with Swiss companies and industry leaders to actively promote Ireland as a technology provider for the IIoT value chain.

Switzerland’s high-tech leadership and the collaboration with suppliers from an international value chain, combine to make it a high-potential market for growing new business and technology partnerships.

Brigid O’Donovan, technology business consultant facilitating collaboration between world-class Swiss and Irish technology organisations, confirmed the potential of Swiss-Irish collaboration, noting, “Both countries are well positioned to take advantage of the productivity and economic growth opportunities of digitalisation.”

There is now a significant opportunity for Irish companies to become part of Switzerland’s enhanced value chain. That is a summit worth achieving.

 

This article was originally published in the Sunday Independent.

Map of EU with padlock

GDPR and Data transfer to or through the UK

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The General Data Protection Regulation (GDPR) came into force on 25 May 2018 and unifies data protection law throughout the EU. It gives individuals control over their personal data and requires businesses and other organisations to put in place processes that protect and safeguard that data. The regulation also addresses the transfer of personal data outside the EU and EEA.

 

Dealing with the UK, USA and other third countries

GDPR came into sharp focus this year as a result of the UK’s withdrawal from the EU. GDPR still applies in the UK, however as it is now a third country it is subject to the GDPR rules governing the transfer of data outside the EU and EEA.

 

Data transfer to/through the UK

The first thing for firms to do is to establish exactly where their data goes. Companies may not realise that their cloud storage provider is actually located in Britain or Northern Ireland. Their pension schemes, payroll, healthcare plans may all be run out of the UK and involve the regular transfer of personal data. Workplace benefits databases could also be held in Britain or Northern Ireland. Even translation services might be covered if personal data is included in the material to be translated.

Having established that data is being transferred to the UK, the next step is to decide if that needs to continue. There may be options to look for another service provider in Ireland or another EU Member State and these should be explored.

Standard Contractual Clauses

If it is not possible or if it is too difficult to take this option, there is a ready solution to hand. There is a tool that can be used to solve this problem and it is available on the Data Protection Commission website. It is known as the standard contractual clauses (SCCs). This is a set of off-the-shelf clauses developed by the European Commission and which are recognised as an appropriate safeguard to ensure that firms remain compliant with GDPR.

The SCCs are already written and only require firms to fill in the blanks with their details. They can be appended to existing contracts and come into force when both parties sign them. Once signed, this enables firms to continue transferring data to the UK in full compliance with GDPR, and people still have their rights.

The data subject is also given certain specific rights under the SCCs even though they are not party to the relevant contract. Firms are also advised to update their privacy statements to indicate that the data is transferring to the UK under the terms of the SCCs.

The SCCs will cover most situations, but there are certain more complex cases where they may not apply. These are relatively rare, but firms in doubt should consult the Data Protection Commission or seek their own legal advice  to check out their particular situation.

There are also certain situations where the data transfer is not covered by contract. These include cases where data is being transferred from a UK Controller to an Irish processor for processing and then transferred back to the Controller. This has been a relatively routine process up until now, as the data remained within the EU at all times. The best advice for firms based in Ireland who find themselves in this situation is to look at the clauses within the SCCs and insert them into the service level agreement governing the activity. This will demonstrate an intention to be GDPR compliant in the new situation.

The same will apply to Irish shared services centres carrying out global back and middle office functions for multinational parents. They should update the terms of service to UK-based affiliates to include the SCCs.

 

Data Protection Policies

Some very large organisations use what are known as Binding Corporate Rules (BCRs). These are legally binding internal codes of conduct operating within a multinational group, which applies to transfers of personal data from the group’s EEA entities to the group’s non-EEA entities. The approval of BCRs can take a significant period of time and also, given the cost and complexity of BCRs, they are not a suitable transfer tool for most Irish companies.

The only remaining questions for Irish firms transferring data to the UK concern adequacy. Certain ‘third countries’, such as Japan, have received what is known as an ‘adequacy decision’ from the European Commission. This allows a cross-border personal data transfer from the EU to that country because it has been determined to have an adequate level of data protection safeguards compared to the EU. It could take some time before the European Commission completes its negotiations with the UK Government in order to deem the UK adequate as a jurisdiction to which data can be transferred under GDPR. Therefore, companies need to explore the options available to them when transferring data to the UK.

Irish companies banking United States

How to manage US banking, employees and legal fees

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Two challenges that Irish companies sometimes experience when preparing to export to the United States for the first time involve banking and employment. The following pointers will help you to prepare.

Download the full Going Global USA: Learn your Legals guide now.

All US banks require an Employer Identification Number (EIN) confirmation letter, also known as Form SS4, before opening a business account in your company’s name.

 

How to apply for an Employer Identification Number

You can apply for an EIN online on the Internal Revenue Services website, if you already have a US social security number (SSN), or an individual taxpayer identification number (ITIN).

If you don’t have an SSN, you can apply for an EIN from the IRS by fax or have a lawyer act as a ‘third-party designee’ to prepare and process an EIN application on your behalf.

 

If you have an EIN

Some banks will accept a copy of a fax from the IRS assigning your business entity with an EIN. Others will need to see the EIN verification letter sent by the IRS, which can take weeks to arrive.

Most banks will also require a copy of the company’s formation documents – US business address and annual statement of officers and directors.

To comply with mandatory anti-money laundering legislation, US banks need to verify the identity of those opening business accounts under Know Your Customer (KYC) rules. There are several ways the requirement can be met:

  • Get a visitor visa to travel to the US and personally open an account at your bank of choice
  • Use third-party services to help you set up an account
  • Some banks will set up an account without the relevant corporate officer being in the United States. If acting on a referral from a legal representative, the process can be completed via email.

 

Employment considerations

Irish companies should carefully plan their approach to hiring personnel in the US as there are a number of potential pitfalls to be aware of. For example, if you hire someone as a consultant or independent contractor, it could later be determined that they are actually an employee under US law. Improper classification risks exposing a company to penalties and liabilities, including the withholding of taxes, benefits, and the possibility of being sued by the employee.

Laws governing US employment and benefits are complicated, which makes it vital for potential exporters to seek the advice of legal professionals.

As US benefits packages vary widely and differ significantly from those in Ireland, companies should seek advice on what employees in specific roles are likely to expect when considering a job offer.

 

Legal costs

For small companies using a lawyer or legal service provider for help with company formation and setting up, fixed fee packages in the range US$3,000 to US$5,000 are available. Packages usually include general counsel, registration fees, and the creation of incorporation, confidentiality agreements and stock issuance.

In general, you can expect to pay additional fees for operating and shareholder agreements, as they can be highly complex. While legal assistance with IP transfers can also be costly due to complexity, many Irish companies keep IP rights within the Irish parent, with the US entity established as a servicing company.

 

Access more insights on doing business in the US.

Czech Republic

Central Europe: Old town, new export opportunities

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Ladislav Müller, manager for central and southeast Europe at Enterprise Ireland, describes new opportunities that are proving attractive to Irish exporters.

From Dublin, it only takes two hours on a packed plane to land in Prague. The city is a popular tourist destination and capital of the Czech Republic, one of the fastest growing economies in Central Europe. As thousands of tourists rushed to the cobbled streets of its old town, Czech Gross Domestic Product increased by 4.5% in the first quarter of 2018. Neighbouring Slovakia has shown 3.6% growth, with Hungary at 4.7%, and Romania at 4.2%.

According to EY’S Attractiveness Survey 2017, Central Europe attracted nearly half of Europe’s industrial investment projects in the period. Its strengths are its geographical links, good infrastructure, the quality of its human capital, and its productivity. The provision of EU funds is another key driver, particularly for Romania, Hungary, and the Czech Republic. The Financial Times projected an improved economic picture for the region, based on stronger-than-expected global demand, tighter labour markets, government stimulus measures, and easy financing conditions.

Irish exports to the region have also grown for the last ten years, even during the recession.

 

Irish exporting success in Central Europe

Many Irish exporters are growing sales by supplying large multinational corporations with a base in the region. Ventac, vehicle and industrial noise control specialists from county Wicklow, set up a regional sales office in the Czech Republic, while Waterford’s PPI Adhesive Products, a leading manufacturer of technical adhesive tapes, run their regional sales operations from Slovakia. Portwest, the Mayo-based designer and manufacturer of high-quality workwear, have a CEE sales headquarters in Hungary.

But Irish companies are not only targeting large multinational companies. Central European agriculture has experienced remarkable growth over the past number of years, supported by an expanding food industry, domestic investments, and EU farm subsidies. Between 2014 and 2020, CAP and EARDF subsidies will reach €26 billion in Romania, €8.3 billion in Hungary, and €7 billion in the Czech Republic. Spending is driven by pressures on efficiency and food safety, environmental and animal welfare regulations, and requirements for farm machinery upgrade or replacement.

In 2017 MooCall, producers of unique calving sensors, were awarded a Gold Medal for innovation at AnimalTech trade fair in the Czech Republic, followed by Dairymaster, who won the Grand Prix at Czech TechAgro 2018 for smart technology for their MooMonitor health and fertility monitoring system.

Enterprise Ireland runs a long-term programme called Opportunities in Agriculture in Central and Eastern Europe that helps Irish farming machinery and technology producers to enter local markets.

Many Irish companies perceive Central Europe as a source of competitive advantage on the continent. Kingspan, producer of insulation panels, celebrated twenty years for its plant in Hradec Kralove, Czech Republic in May 2018. PM Group, international providers of services in engineering, architecture, project management and construction management opened offices in the Czech Republic and Slovakia in 2010. Grafton Recruitment and CPL Jobs are market leaders in human resources management across the region, while many Irish technology companies set up in Romania to service customers.

 

A hub for business process outsourcing

Central Europe is also one of the fastest growing locations for business process outsourcing (BPO) centres and service companies in Europe. According to Outsourcing Advisors, a third of major outsourcing companies now come from Central and Eastern Europe. Ireland has a very strong offer for BPO operators, who are in turn always seeking solutions that drive efficiencies or offer cost savings.

 

Untapped opportunities in Central Europe

As Brexit uncertainties continue, Central Europe offers significant export market potential, thanks to its closeness to Ireland, strong Irish presence, and concentration of multinationals and local buyers.

To support further growth, Minister of State Pat Breen led an Enterprise Ireland trade mission to Warsaw and Prague last June, targeting opportunities across the engineering, electronics, enterprise software, and medical devices sectors. Irish companies signed contracts in excess of €7.5 million during the mission.

Enterprise Ireland’s office in the Czech Republic is ready to facilitate market research visits, introductions to buyers, and searches for distributors, to help companies we support to win new opportunities in an exciting region.

Learn more on how Enterprise Ireland supports businesses to diversify at Markets & Opportunities.

This article was originally published in the Sunday Independent.

winning contracts US

Negotiating the non-negotiables: Tips for winning contracts in the US

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In a David and Goliath business encounter, David stands a better chance of success if it is obvious that he is good at what he does, said Sally Hughes, CEO of the International Association for Contract & Commercial Management (IACCM), speaking at this year’s E3 Entrepreneurship Export Exchange conference, organised by Enterprise Ireland and Global Situation Room.

 

IACCM is a not-for-profit organisation dedicated to raising the value and integrity of trading relationships worldwide, working side-by-side with both buyers and suppliers and with both mega-corporations and SMEs.

In her presentation, Hughes covered three lists:

  • the most common terms included in standard US contracts
  • the most important terms included in US contracts
  • strategies that SMEs need to adopt when dealing with major corporations.

She also described an example of an unnamed SME owner who negotiated a life-changing deal with retail giant Walmart and discussed how Irish firms could follow their example.

 

Show you’re an expert in your field

“In an environment where one side has significant buying power, as a supplier you have to demonstrate great quality and value,” she says. “More importantly, you need to present yourself as an expert in your field.

“The one area where there will inevitably be negotiation is price but it’s critical not to get dragged down in those discussions early on. In fact, in the first few meetings you don’t want to be negotiating price at all. The key to meaningful negotiation, and to the effective management of risk, is to get to know the buyer well.”

In Hughes’s Walmart example, the successful SME supplier spent 18 months getting to understand the retail giant’s needs. Notably, when the supplier was offered a contract with Walmart’s non-negotiable conditions, his lawyer warned him that the terms were ‘too risky’ and could cause the collapse of his business but the supplier continued to negotiate a deal.

 

Negotiating contracts in the US

According to Hughes, the terms most commonly negotiated in standard contracts in the US include:

  • Limitations of liability
  • Indemnification
  • Price, charges and price changes
  • Termination of contract
  • Scope and specification
  • Warranty
  • Performance guarantees and undertakings
  • Payment terms
  • Data protection, security and cyber-security
  • Liquidated damages.

Indeed, the IACCM chief said that, very often in contract negotiations, the areas that partners battle over the most are not always the most important. Hughes advised that the most important contract terms to focus on are those that will contribute most to your success, largely:

  • Scope and goals
  • Responsibilities
  • Prices, charges and price changes
  • Service levels
  • Performance, guarantees, undertakings
  • Limitation of liability
  • Payment terms
  • Warranty
  • Product specification

In the Walmart case, the SME owner believed he had to be better than the competition at accepting and managing risk. As part of his deal with the retailer, he requested access to sales data so that he could assume responsibility for ensuring that his products moved off the shelf.

“Success depends on the quality of the information flow from buyer to seller,” said Hughes. “Transparency is key and is in both parties’ best interest. This is about a partnership, no matter what your relative side.”

 

Winning business in the US

If you want to win business from bigger customers than you have ever had before in the United States, Hughes advised following these strategies:

  • Be better than your competition at accepting and managing risk
  • Demonstrate your expertise and educate your buyer – before discussing price
  • Get the buyer emotionally involved in your product or service
  • Demand quality information flows between you and your customer
  • You might not be able to negotiate ‘boilerplate’ – the standard terms and conditions listed at the end of most contracts – but you can ensure you implement good governance through communication protocols and problem-solving techniques
  • Even if it seems like a David and Goliath scenario, it is about a partnership. Big buying power doesn’t have to mean big negotiation power – that is down to you.

“Selling in the US market takes planning and it takes persistence,” added Hughes. “You need to understand who you are selling to, what rules and procedures they’ll be following, how will they measure value and what weightings they’ll apply to selection criteria.

“You’ll also need to have developed a negotiation strategy, how you will convince them that you are a reliable supplier committed to the market, that you are an expert in your field, that you are passionate about your product or service and that you understand fully the nature of your competition. You need to educate your buyer.”

 

Read more on doing business in the US market.

Innovating for Recovery: CW Applied Technology

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On the first episode in our new series Innovating for Recovery, we are joined by the Managing Director of electronics company CW Applied Technology, John O’Connell. In response to the Covid-19 crisis, CW Applied Technology designed and manufactured a portable Room UV-C Steriliser. 

The portable steriliser is designed for virtually any room that needs air and surface disinfection, including sterile areas, laboratories, unoccupied patient room. On the show, we discuss, the origins of the idea, and its variety of uses, particularly during the Covid-19 pandemic.

 

Irish exporters to Germany

How we got the German market to work for us

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As German businesses demand detailed certainty, not just now but long-term, after-sales, support and clear future planning are key to building more than just a foray into the market to deliver a sustained successful expansion for Irish firms.

While the German cultural and business identity centred on convention, conservatism and future-proofing may at first appear quite different from the Irish propensity for dynamism, innovation and can-do delivery, many Irish firms have made successful entries to this biggest market in Europe.

At the Ambition Germany event organised by Enterprise Ireland, Irish firms already active in the market shared why and how they chose Germany, and insights into their success.

 

Major opportunities and significant challenges in the German market

The opportunities are huge, given the size of the world’s fourth-largest economy but the challenges can also be substantial. It is a mature market with long-established supply chains and a preference for supplier loyalty.

Robert Byrne, director of Burnside Eurocyl, the Carlow-based hydraulic cylinder manufacturer, ventured into Germany in the early 1980s: “A combination of a weak pound and strong Deutsche Mark made our product very competitive so we set up a sales office in Germany. That was vital. You need constant feet on the ground. You simply have to have a presence in the market you intend to sell into.”

German deals must be taken seriously. Negotiations can take a long time and Germans dislike ambiguity.

“This is why, when we sell, we don’t send a sales rep but an engineer. The client can see the solution we are offering – and get the detail clearly explained. They very much appreciate that,” added Byrne.

Since taking advice from Enterprise Ireland on exploring a new market, Paul O’Sullivan, managing director of Irelands Eye Knitwear, said exports now comprise 55% of all sales with Germany being its biggest overseas market.

He told delegates: “We were encouraged to get into Germany by Enterprise Ireland but we found customers very loyal to their supply base. It’s hard to get a meeting but if you do, you’re halfway there. They will do a lot of research on you before agreeing to meet, so to get that point is a very good sign. But if you want to get to the next level you’re going to have have people on the ground, so we needed sales agents in Germany to get to there.”

Cold-calling is frowned upon in Germany and privacy is highly valued – and regulated – so do not squander a meeting or bombard with marketing material. Pat Ward, managing director of Western Automation, electrical safety specialists, said establishing the firm’s credibility and its reputation for long-term delivery was key.

“Establish your credibility to supply them with a solution for their needs. Your credibility is vested in you, not your product, and that comes from your ability to supply as promised, deliver on technical support. When dealing with German firms, be credible, be believable, and always do it in person.”

Initial successes for Burnside Eurocyl came from the firm’s dynamic approach. “We grew because we were fast and flexible and that’s what made us competitive in the German market. But we did make some mistakes. We went for sales before we had capacity and we lost customers because of that. If you give a lead-in time, stick to it.”

Expansion for Western Automation was boosted by attending one of many trade shows – Germany is one the world’s leading venues for trade shows.

Enterprise Ireland can advise on which trade shows are most beneficial for your company to attend. Recently, 34 Irish companies were supported to showcase their solutions at the world-renowned Medica and EuroTier trade fairs, leading events for medtech and agritech respectively. More than 250,000 people attended the events.

“We bit the bullet and did a trade fair in Hannover. It showed we were a company of substance. Before we went to Hannover, we had one German customer. After Hannover, we had 5.

“It’s not a cost, it’s an investment,” said Ward.

 

For more insights on doing business in Germany visit our German Market Insights pages.