Legal news

It’s not rare that, due to a material error, a customer is invoiced twice the amount of its order when it makes internet purchases. Despite the customer’s identifying itself, which is required for the completion of the order, it sometimes appears difficult to obtain its banking information for reimbursement of the sums collected. What can be done in this situation? You must inform the customer of the receipt of the undue payment and request that it transmit to you its banking information for reimbursement. To do that, we advise you to contact the customer through your usual means of communication ...

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 ...

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 In compliance with OECD rules, under the Law of 18 December 2015, Luxembourg repealed this special regime while providing a transitory regime which maintained the former regime until 30 June 2021 for applicable rights created or acquired prior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 ...

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 ...

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 ...