Legal news

GDPR – New standard contractual clauses for the transfer of personal data to third countries

Starting the 27th of September 2021, new standard contractual clauses for the transfer of personal data to third countries must be entered into. Any transfers of personal data from the EU to recipients located in third countries relying on Standard Contractual Clauses (SCCs) will need to be based on the new set of SCCs as adopted in June of 2021 by the European Commission (Décision UE 2021/914). Make sure to update your DPA's with the new SCC's and understand your new obligations. Together with additional technical safeguards, you should start implementing the new SCCs, e.g., if  you are transferring EU ...
October 4th, 2021| Legal news

VAT and e-commerce: how should the changes be understood? by Alex PHAM – Connect 15

Since the 1st of July 2021, the VAT regime in Luxembourg has undergone some amendments initiated by the European Commission with the fundamental objective of regulating and controlling e-commerce activities. How can one come into compliance with these new changes? The objectives of the new rules are the following: ensure that the VAT is effectively paid in the country of consumption of the goods and services; create a uniform VAT regime for cross-border deliveries of goods and services; and offer businesses a simple and uniform system for declaring and paying the VAT and fulfilling their VAT obligations via the one-stop ...
September 27th, 2021| Legal news

The real estate preliminary sales agreement: how does one not become a prisoner of it? by Vanessa LOMORO – NeoMag 41

Despite the considerable sums that can be involved in real estate preliminary sales agreements (compromise de vente), many are those who deem that they do not need the opinion of an attorney who specializes in the subject. Such a gamble, which approaches recklessness, can sometimes be very costly. Specifically, our experience shows nearly daily that the parties to a real estate sale generally do not pay enough attention to the drafting of preliminary sales agreements, and particularly to the conditions precedent (examples: obtaining of financing, obtaining of a building permit, …), so that they end up – without realizing it ...
September 27th, 2021| Legal news

Teleworking and cross-border workers: the current situation

Recently, several bilateral accords have been signed between the Luxembourg authorities and those of the bordering countries (France, Belgium and Germany) concerning the teleworking of the Grand Duchy of Luxembourg’s cross-border workers. These accords temporarily allow the teleworking of cross-border workers without impacting the workers’ social security regime. Below is a brief summary of the situation: German cross-border workers (last update on 6 September 2021). Source Social Security: extension of the bilateral accord until 31 December 2021 Tax: extension of the bilateral accord until 31 December 2021 Belgian cross-border workers (last update on 22 September 2021). Source Social Security: extension ...
September 23rd, 2021| Legal news

Financial assistance from S.à r.l. – Yes, it’s possible (in principle)

Practitioners’ controversies on whether or not S.à r.l.s (sociétés à responsabilité limitée or private limited liability companies) may provide financial assistance (assistance granted by a company to a third-party purchaser with respect to the acquisition of the company’s own shares--for example, a mortgage to a bank to guarantee the bank’s financing provided to its new shareholder) were put to rest by the Law of 6 August 2021, which was published on 12 August 2021 and entered into force on 16 August by amending Article 1.500-7 point 2° (formerly Article 168) of the Law of 10 August 1915 on commercial companies, ...
September 15th, 2021| Legal news

DSM joins the AMCHAM Member Benefits Club (AMBC)

We are pleased to join the AMCHAM Member Benefits Club (AMBC), a bespoke initiative to support local businesses by creating a loyalty scheme with great benefits in numerous shops and service sectors. The discount program creates win-win deals for AMCHAM members and the partners of the AMCHAM Member Benefits Club. Being a part of Luxembourg’s business landscape, we recognise the importance of supporting local businesses. We are pleased with the opportunity to be a part of AMCHAM’s initiative. We received the cards for our lawyers and our staff on 4 August 2021. Well done Paul Schonenberg, Sonja Holper and the ...
August 13th, 2021| Legal news

“Telephone at the wheel, danger around the corner”

Mario DI STEFANO, Avocat à la Cour and head of the firm’s employment law department, responded to a few questions from eSST, a consulting firm, in the context of their new campaign on the "telephone at the wheel, danger around the corner".   eSST: What are an employer’s obligations in terms of health and safety, and more specifically during business travel? Mario DI STEFANO: Generally, all employers have the obligation to ensure the safety and health of employees in all aspect linked to the job, including the exercise of an employment contract off of the company’s premises.[1] This obligation is ...
August 2nd, 2021| Legal news

“Housing pact” preemption rights: jurisprudence developments

The Law of 22 October 2008 on the so-called "Housing Pact", as amended by the Law of 3 March 2017 (the so-called "Omnibus Law"), gives, under certain conditions, preemption rights to municipalities and/or the Housing Fund (Fonds du Logement). Thus, prior to passing a deed of sale, a notary must verify whether such a right exists, and if so, notify the holder(s) of the preemption right of the intent to sell and the conditions thereof. In case of the exercise of the right by the preemptive right holder, the authenticated deed must be sent within three months, the preemptive right ...
July 14th, 2021| Legal news

Varying perspectives: innovation and construction by Renaud LE SQUEREN and Jean-Yves MARIE – NeoMag 40

Perspectives of a civil engineer and a lawyer. The first worked for over 15 years as Project Manager in France, Luxembourg, Italy and Tunisia and today offers solutions for management of building technical data during their entire life cycle (BIM-Y). The second has been active in the real estate and new technologies sectors as Avocat à la Cour for over 11 years with the law firm of DSM Avocats à la Cour. Mr. Marié, can you present the shared folder mechanism that is used by all of the various operators in the construction sector? Jean-Yves Marié: The BIM is a ...
July 13th, 2021| Legal news

Teleworking and cross-border workers: status of the situation

Several bilateral accords have recently been signed between the Luxembourg authorities and those of the bordering countries (France, Belgium and Germany) concerning cross-border worker teleworking in the Grand Duchy. These accords temporarily allow cross-border worker teleworking without impacting their tax or social security regime. Below is a brief summary of the situation: German cross-border workers (last updated on 29 June 2021). Source Social Security: Confirmation of the extension of the accord 31 December Tax: The tax treaty is automatically extended each month   Belgian cross-border workers (last updated on 11 June 2021). Source Social Security: extension of the bilateral accord ...
July 8th, 2021| Legal news

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