Legal news

Proposal for a “Free Flow of Data” Regulation

The November 2015 initiative of the free movement of data, introduced as a major policy priority for the European Commission and of the Digital Single Market, tends to reduce the difficulties resulting from the ownership and access to non-personal data. To encourage the free flow of data and promote the sharing of digital information, the priority is to develop a data economy by harmonising Community rules. In this context, on 13 September 2017 the European Commission filed a regulation proposal on the free movement of non-personal data. In the proposal, the Commission introduces a new principle consisting of abolishing the ...
October 3rd, 2017| Legal news

GDPR: The Necessary Adaptation under Luxembourg Law

While General Data Protection Regulation (EU) 2016/679 (the "GDPR") is directly applicable under domestic law, its entry into force in May of 2018 requires an implementing law in Luxembourg. On 12 September 2017, Mr. Xavier BETTEL, Minister of Communications and the Media submitted Bill No. 7184 on the creation of the National Commission for Data Protection (Commission nationale pour la protection des données or “CNPD”) and the implementation of Regulation (EU) 2016/679 on the protection of natural persons with regard to personal data processing and the free movement of such data. The first chapter of the bill affirms the National ...
September 15th, 2017| Legal news

Intellectual Property and Taxation: Luxembourg Develops its Biotechnology Offering

Introduced in 2007, Article 50bis of the Law of 4 December 1967 on income taxation, established a partial tax exemption of up to 80% on revenue generated by the use of intellectual property rights. In compliance with OECD rules, under the Law of 18 December 2015, Luxembourg repealed this special regime while providing a transitory regime which maintained the former regime until 30 June 2021 for applicable rights created or acquired prior to 1 July 2016. On 4 August 2017, after a wait of more than one year, Bill 7163 was brought before the Chamber of Deputies to replace the ...
August 24th, 2017| Legal news

Disciplinary Proceeding and Right to a Fair Hearing

The applicability of the right to a fair trial/proceeding provided under Article 6 of the European Convention on Human Rights ("Article 6") was recently the subject of a decision rendered by the Medical Board’s Higher Disciplinary Council (See decision No. 03/17 of 15 February 2017). In this case, dentists contested the penalty imposed upon them suspending their right to practice dentistry. They deemed that the Medical Board’s action was unfair and biased, and thereby invalidated the proceeding. The Higher Disciplinary Council thus conducted a review to verify whether the right to a fair proceeding was applicable in disciplinary proceedings. Under ...
August 17th, 2017| Legal news

Copyright and Algorithms

While in 2011 the "case of the macaque[monkey] selfie" went viral on wordwide social networks, recent exchanges between the Luxembourg Federation of Authors and Composers (Fédération Luxembourgeoise des Auteurs et Compositeurs), the Association of Authors, Composers and Musical Publishers’ Successor Advisory Committee (Commission Consultative des Ayants Droits de la Société des Auteurs, Compositeurs et Editeurs Musicaux or SACEM’s CCAD) and the Culture Ministry in 2017 push us to ask ourselves about the possibility of an algorithm being a copyright holder for its creations, and thus becoming a member of an association for authors and composers. In that regard, the Culture ...
May 31st, 2017| Legal news

The European Commission Introduces a Proposal for an e-Privacy Regulation

According to a 2016 study, the confidence of users in privacy and electronic communications is limited. Certain users even spoke of a feeling of legal insecurity when then make online purchases because their data is collected. That is why on 10 January 2017, the European Commission published a proposal for a regulation to revise Directive 2002/58/EC, the Directive on privacy and electronic communications. The proposed regulation involves the adoption and application of strict and equivalent rules in all European Union Member States as soon as it enters into force. Businesses must guarantee heightened data protection and reinforce the confidence of ...
February 2nd, 2017| Legal news

The NIS Directive on Network and Information Systems Security

Directive 2016/1148, the NIS or Network and Information Security Directive was adopted on 6 July 2016 by the Parliament and the Council of the European Union to fill the numerous existing cyber security gaps. This European directive aims at creating equivalent rules in the European Union Member States to securitize networks and information systems. It should be transposed into internal Member State legislation by 9 May 2018, at the latest. For businesses constantly confronted with cyber threats and and technical failures, the Directive will creates a cyberspace secure to that their work may be carried out without risk. To create ...
February 2nd, 2017| Legal news

The Free Flow of Data Initiative in the Cloud

The Free Flow of Data Initiative of November 2015, unveiled as a priority issue for European Commission policy and the Digital Single Market, tend to level out the difficulties arising from data ownership and access. To encourage the free flow and promote sharing of digital data, the priority is to develop a digital data economy and harmonize EU rules. The digital economy has been slowed down by disparate legislation in Europe. The free flow of date has long been prohibited in the European Union Member States. The restrictions judged unjustified by the European Commission impair the free location of companies ...
February 2nd, 2017| Legal news

The EU-US Privacy Shield

The Privacy Shield entered into force on 1 August 2016 and refers to a protective shield for the sending and transfer of data between the United States and the European Union for companies listed in an American registry. To benefit from the protective shield, companies subject themselves to the American Department of Commerce’s Privacy Principles. The companies adhering to the Privacy Shield commit to multiple obligations. When personal data is exchanged between European and American companies, binding contractual rules must be complied with. A company commits to complying with and protecting the rights of users through its confidentiality policy while ...
February 2nd, 2017| Legal news

2016 Benelux Summit Common Declaration – Digital Benelux – 3 October 2016

In the context of the EU’s ambitions move towards “Smart Regions", the Benelux country Prime Ministers made a common declaration during the Benelux Summit at Schengen on 3 October 2016, the goal of which was to explore measures and projects to develop a Digital Benelux.   To read the common declaration in English, click here, and the French pdf version declaration_commune_sommet_benelux_2016_def.
October 5th, 2016| Legal news

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