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

European Trade Mark Reform: Recommended Updating of Lists of Goods and Services before 24 September 2016

The "Community Mark" system was modernized pursuant to the adoption of Directive (EU) 2015/2436 of 16 December 2015 to approximate the laws of the Member States relating to trade marks (the "Directive") and new Regulation No. 2015/2424 of 16 December 2015 (the "Regulation") giving rise to the "European Union trade mark". As background, effective 19 January 2019 the Directive will repeal Directive 2008/95/EC to approximate the laws of the Member States relating to trade marks, while the Regulation, in force since 23 March 2016, will amend Regulation No. 207/2009 on the Community trade mark, the administration of which was under ...
September 6th, 2016| Legal news

European Parliament Adopts Data Protection Package – 14 April 2016

On Wednesday, 14 April 2016, the European Parliament adopted the Data Protection Package, which includes: - the Personal Data Protection Regulation with direct and uniform effect in the 28 Member States. The Regulation will enter into force 20 days after its publication in the Official Journal of the European Union. Its provisions will be directly applicable in all Member States 2 years after that date. - a directive on the transfer of data for policing and judicial purposes. The directive will apply to the transfer of data across EU borders and will set the minimum standards for data processing for ...
April 17th, 2016| Legal news

E-commerce Merchants Now Required to Insert Link to European Online Dispute Resolution Platform

The European Parliament and Council adopted the following two instruments to support European consumers in case of cross-border disputes, linked to the desire to promote out-of-court settlements of their disputes: Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes (“consumer ADR”) and amending Regulation (CE) No. 2006/2004 and Directive 2009/22/EC (the “Directive”), and Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on online resolution of consumer disputes (“consumer ODR”) and amending Regulation (CE) No. 2006/2004 and Directive 2009/22/EC (the “Regulation”). Applicable since ...
April 12th, 2016| Legal news

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