Legal news

The right to annual leave – 4 April 2020

The aim of annual paid leave is to ensure the protection of the safety and health of workers. In principle, leave is rest in exchange for work provided by the employee. However, does an employee in short-time working (chômage partiel) continue to accumulate days of leave? In certain cases of absence, the right to leave continues to exist and in other cases it does not. The current legislation does not provide more precision on this point. However, the Labor Inspectorate (Inspection du Travail et des Mines or ʺITMʺ) is of the opinion that salaried employees in the short-time working regime ...
April 4th, 2020| Legal news

COVID-19 Force Majeure: First case of recognition by courts – 30 March 2020

Pursuant to Article 1148 of the Civil Code, in case of non-execution ʺThere is no right to damages and interest when, by a case of force majeur or unforeseeable circumstances, a debtor is prevented from giving or doing that which he/she/it was obligated to do, or did something he/she/it was prohibited from doingʺ. To qualify as a case of force majeure, an event must be: Unforeseeable (at the time the contract was entered into) – this condition is assessed with respect to a prudent and diligent contracting party, taking into account the circumstances of the place and time; Compelling (at ...
March 30th, 2020| Legal news

The 21 mesures of the government’s economic support package and details on assistance to companies – 26 mars 2020

To find out about the 21 mesures of the government’s economic support package and details on assistance to companies click here CORONAVIRUS COVID-19 // ECONOMIC SUPPORT PACKAGE. 8,8 billion euros to support the economy, equivalent to 14,2 % of the Grand Duchy of Luxembourg’s GDP distributed as follows: Partial unemployment: 1 billion euros Extraordinary leave for family-related reasons: 400 million euros Direct aid to SMEs: 300 million euros Assistance to businesses with <9 employees: 50 million euros Deferrals of social security charges and taxes: 4,5 billion euros VAT reimbursement: 50 million euros Bank guarantees: 2,5 billion euros
March 26th, 2020| Legal news

Deadline extension for filing of 2019 financial year annual accounts – 18 March 2020

Luxembourg Business Registers (¨LBR¨) has put in place exceptional measures given the current situation. For the filing of the 2019 financial year annual accounts, concerned entities will receive an administrative deadline extension of four (4) months to file their financial data with the Luxembourg Trade and Companies Registry (Registre de Commerce et des Sociétés, Luxembourg), at the standard fee of EUR 19 (excluding VAT) (excluding registration fees and the CNC administrative tax). As an exception, the increase in financial data filing fees is suspended until 30 November 2020, when the filing request is made with a maximum lateness of four (4) months, ...
March 19th, 2020| Legal news

Appealing a Decision Against Limiting Acces to Beneficial Owner Personal Information

The Beneficial Owners Register (Registre des bénéficiaires effectifs or "RBE"), has been operational since 1 March 2019. The Law of 13 January 2019 establishing the RBE, and transposing Article 30 of Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing (the “4th AML Directive”), as amended by Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 (the “5th AML Directive”) (the “RBE Law”), was published on 15 January 2019. ...
March 16th, 2020| Legal news

CNPD Recommandations on the Collection of Personal Data in the Context of a Public Health Crisis  – 11 March 2020

The National Commission for Data Protection (Commission nationale pour la protection des données or "CNPD") published its French-language recommandations and sets limit on the collection of personal data during a health crisis (Coronavirus - Covid19) in the Grand Duchy of Luxembourg. With the Coronavirus, what are the main principles to follow in relation to the collection of personal data? How should the protection of health and privacy be reconciled? What are personal data good practices? For further information see:  https://cnpd.public.lu/fr/actualites/national/2020/03/coronavirus.html For more information or assistance on Covid-19, or the Coronavirus, contac our Digital team at +352 262 562-1 or send ...
March 11th, 2020| Legal news

Employers facing the Coronavirus – Luxembourg – 3 March 2020

Saturday, 29 February 2020, the Luxembourg authorities confirmed the first patient in Luxembourg infected with Covid-19, or the Coronavirus. With this, the question arises on the management of the risk of contagion in undertakings in Luxembourg. Legally, salaried employees in Luxembourg do not have the right to retire in the event of a serious safety risk (droit de retrait). Thus, they cannot refrain from going to the premises of their employment on the pretext that another employee would expose them to the risk of contagion. However, the Luxembourg Labor Code imposes on employers a legal obligation to ensure the health ...
March 3rd, 2020| Legal news

What sanctions have been ordered by supervisory authorities in application of the GDPR?

For information purposes, the European Data Protection Board (EDPB) publishes on its website a list of the decisios taken and sanctions ordered by the European supervisory authorities to allow the various actors to better understand the application of the General Data Protection Regulation (GDPR).  2020: https://edpb.europa.eu/news/national-news/2020_en  2019: https://edpb.europa.eu/news/national-news/2019_en  2018  https://edpb.europa.eu/news/national-news/2018_en  This information, quite substantial for monitoring the consistency in the matter, brings clarity to the current legal context. Luxembourg’s National Commission for Data Protection (Commission nationale pour la protection des données or "CNPD") has not yet issued a publication on any sanctions that it may have ordered. It would appear ...
March 2nd, 2020| Legal news

RAIF Marketing and Distribution – CSSF Notifications to Remember

RAIF marketing and distribution - Do not forget CSSF notifications to be made by Luxembourg AIFMs (by an AIFM itself or a third person authorized to act on its behalf) to ensure EU passport marketing of RAIFs to professional investors. Although RAIFs are not supervised by the Commission de Surveillance du Secteur Financier Luxembourg (CSSF), it is mandatory to notify the CSSF to benefit from the EU marketing passport. Any material change to the content already communicated to the CSSF needs to be notified to the CSSF at least one month before implementing the planned change, or immediately after an ...
February 3rd, 2020| Legal news

New CNPD data breach notification form: Don’t forget to update your procedures

Don’t forget to update your procedures! In September of 2019 the National Commission for Data Protection (the "CNPD") updated its data breach notification form with the goal of facilitating the job of data controllers. The form is accessible by clicking here and should be sent to: databreach@cnpd.lu You can use the public GPG key to secure the transmission of information by encrypting it (accessible by clicking on the link or the CNPD’s website). In case of a personal data breach, the organization’s data controller must notify the CNPD of the breach within 72 hours after becoming aware of it if the breach ...
December 13th, 2019| Legal news

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