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Amended CRS Law

A new requirement to inform individuals of the exact personal data to be shared with the Administration des Contributions Directes. The Luxembourg law of 18 December 2015 on the automatic exchange of financial account...more

The ransomware hostage’s dilemma - should you pay the price?

Paying a cyber ransom will, allegedly, secure your data and give you back control of your systems. But there are legal, operational and ethical risks to consider....more

Happy birthday, GDPR – five lessons from five years of EU data protection law

In the five years since the European Union’s General Data Protection Regulation came into force, what have been the main learnings for business, and what will the future hold?...more

EU Digital Markets Regulation Round-up

Read the latest updates on the progress of legislation and regulation in the EU relating to technology, data, digital markets and cybersecurity....more

When transparency clashes with fundamental rights: EU court curbs public access to beneficial owner registers – what does this...

By a decision rendered on 22 November 2022, the European Court of Justice (the Court) invalidates the provision of the anti-money laundering directive (AMLD) whereby the information on the beneficial owners of corporate and...more

EU – EDPB comments on the upcoming EU-US Trans-Atlantic Data Privacy Framework

On 6 April 2022, following the announcement of the political agreement on a new EU-US Trans-Atlantic Data Privacy Framework having been reached between the European Commission and the United States on 25 March 2022, the...more

CNIL concludes that data transfers to the US through the use of Google Analytics violate GDPR

On 10 February 2022, the French supervisory data protection authority (CNIL) announced that it issued a formal notice to a website operator to bring its data processing in relation to audience measurement and analysis in...more

Soon there will be legal protection for whistleblowers. What are the employer’s obligations?

The Grand Duchy of Luxembourg has just tabled a bill aimed at transposing the European Directive on whistleblowers. Even if the bill has to go through the entire legislative process, and will most certainly see its text...more

DORA – Enhancing digital resilience for the financial sector and its ICT service providers is more important than ever

The future of finance is digital. The increased reliance on technology in finance heightens the vulnerability of ICT systems and worsens the impact of a potential cyberattack. To this end, the European Commission (the...more

Cookies consent does not escape the GDPR: The CJEU issued its decision in the Planet49 case

On 1 October 2019, the Court of Justice of the European Union (CJEU) issued its long-awaited decision in the case Planet49 (Case C-673/17). The decision clarifies the requirements for valid cookie consent under Directive...more

Luxembourg Cloud computing rules for investment fund managers: a reminder of the obligations 6 months before their Cloud Register...

Last year, investment fund managers (IFMs) were caught by surprise with the immediate application of Circular 17/654 on IT outsourcing relying on a cloud computing infrastructure (the Cloud Circular), but every cloud has a...more

CNPD list of processing activities requiring a DPIA

The Luxembourg data protection authority (CNPD) has published a list of processing activities triggering a mandatory data protection impact assessment (DPIA) following review by the European Data Protection Board (EDPB)....more

The new law of 1 August 2018 clarifies data protection in Luxembourg

Just before summer recess, Luxembourg Parliament has adopted the law of 1 August 2018 which implements certain parts of the General Data Protection Regulation (GDPR) and repeals the former data protection law of 2 August...more

Luxembourg bill complementing the GDPR published

On 12 September 2017, the Luxembourg Government introduced a bill of law (the Bill) to complement the General Data Protection Regulation EU) 2016/679 (the GDPR). The Bill is planned to enter into force simultaneously with the...more

Introduction of new tax incentives for intellectual property

The Luxembourg Government has, on 4 August 2017, submitted a bill1 to Parliament for the reintroduction of a regime of taxation of intellectual property (IP) rights in Luxembourg. The new regime is intended to replace the...more

Use of e-banking secured mailbox to provide information on durable medium

By a decision held on 25 January 2017 (C-375/15), the Court of Justice of the European Union (CJEU) clarified the question of information (in electronic format) that payment service providers (such as banks) convey to their...more

Cybersecurity And Risk Management - Our View

The challenge and risks - The topic of cybersecurity is seldom out of the press these days, occupying the minds of business leaders and politicians alike. From a business perspective, the ideal outcome would be to...more

EU Directive On Cybersecurity Agreed

On 18 December 2015, the agreed text of the Network and Information Security Directive (the NIS Directive) was released. With cybersecurity firmly established as a key business risk, the introduction of specific laws in this...more

What Can We Expect From The EU General Data Protection Regulation?

After over three years of discussions at many levels, it is now clear that the proposed EU data protection framework will be revised, and that it will be in the form of a Regulation – the General Data Protection Regulation....more

Safe Harbor – What Happens Now?

Huge uncertainty has been caused by the recent judgment of the Court of Justice of the European Union (CJEU) on 6 October that the Safe Harbor decision by the European Commission is invalid. Many companies which previously...more

New Ground-Breaking CJEU Decision On Applicable Data Protection Law

After the controversial Google vs. Spain decision (which besides the right to be forgotten also dealt with applicable law rules), the Court of Justice of the EU (CJEU) handed down another important – and yet again rather...more

The General Data Protection Regulation - Where Are We Now?

To become law, the proposed text will need to be adopted jointly by the European Parliament and the Council of Ministers (i.e. ‘ordinary legislative procedure’). In March 2014, the European Parliament voted in plenary and...more

Luxembourg Ratifies The Unified Patent Court Agreement

On 18 March 2015, the Luxembourg Parliament approved the legislation ratifying the Unified Patent Court Agreement, the international treaty which establishes the Unified Patent Court. This ratification constitutes another...more

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