Legal news

COVID-19 Company Law: Law of 23 September 2020 on measures for the holding of company and other legal person meetings

In the current context of surges in infections due to the coronavirus, the Luxembourg Parliament wished by a Law of 23 September 2020, published in the legislative journal, Mémorial A, on the same day (the "Law"), to once again extend, this time to the end of 2020, the option for companies to hold meetings and meetings of shareholders and other corporate bodies without physical presence. The Law enters into force on 1 October 2020, and thus repeals the Law of 20 June 2020 extending the measures on the holding of company and other legal person meetings. As did the Law ...

September 24th, 2020| Legal news

New CNPD survey campaign launch

The CNPD’s new survey campaign has been launched! This year the program covers information on data subjects with respect to the principle of transparency. These campaigns result from the CNPD’s strategy—establishing "proactive" surveys—and are carried out in the form of thematic audits regarding new RGPD obligations. Our recommendations: Don’t neglect your personnel’s information, particularly in the current context with respect to the collection of their health data; Ensure that your privacy policy is up to date with respect to recent developments following the SCHREMS 2 decision and everything we have learned since the GDPR’s entry into force 2 years ago; ...

September 18th, 2020| Legal news

Luxembourg law is now compliant with the eIDAS Regulation

On 28 July 2020, the Law of 17 July 2020, amending the Law of 14 August 2000 on e-commerce, as amended, was published in the Grand Duchy of Luxembourg’s Official Journal, effective 1 August 2020. (See it here) The law amends Luxembourg’s Law of 14 August 2000 on e-commerce, making it compliant with Regulation (EU) No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (the "eIDAS Regulation") (See it here). Formerly, the Luxembourg law was based on Directive ...

September 14th, 2020| Legal news

Personal Data Transfers (to be continued)

On 02 September 2020, the EDPB adopted guidelines on the concepts of data controller and data processor under the GDPR as well as on user targeting by social media. The guidelines will be subject to public consultation. The EDPB also created a working group charged with examining the complaints filed after the CJEU’s Schrems II decision, and issuing recommendations on the appropriate additional measures to put into place to ensure the protection of personal data in transfers to third countries. To learn more and identify measures that can be put into place today, see: EDPB’s press release https://edpb.europa.eu/news/news/2020/european-data-protection-board-thirty-seventh-plenary-session-guidelines-controller_en Webinar: "Personal ...

September 5th, 2020| Legal news

External DPO / EU Representative: The interplay between the two roles under the GDPR

What is the EU Representative’s role and how does it interplay with the sometimes overlapping role of the DPO? Even if the roles of the DPO and the EU Representative sometimes overlap, the two positions cannot be performed by a single person. This explanatory sheet below is intended for controllers, processors, external DPOs and EU Representatives. Click here to download the explanatory sheet. Our teams advise on a daily basis digital market actors and are here to assist you: Renaud Le Squeren Partner Avocat à la Cour Héloïse Cuche Senior Associate Avocat Alison Front Associate Lawyer Kelly Quesada Vega Associate ...

August 26th, 2020| Legal news

Good news for Luxembourg employers and their cross-border employees

Good news for Luxembourg employers and their cross-border employees: 25% threshold set by European social security regulation will not apply until 31 December 2020 with respect to Germany, Belgium and France. ⇒ The cross-border employees concerned will remain registered with their regular social security regime, that where they exercise their professional activity. For further information, please consult the following websites: Germany: https://www.dvka.de/de/arbeitgeber_arbeitnehmer/coronainfo/coronaav/coronaav.html Belgium: https://campaigns.eranova.fgov.be/r-83746f1f14a901450968e35a82fd3b292ed3a705f298305d France: https://www.ameli.fr/assure/actualites/covid-19-impact-sur-la-situation-des-travaill By Héloïse CUCHE, Avocat.

August 19th, 2020| Legal news

Invalidation of the Privacy Shield: What is the future of data transfer to the United States?

"For our privacy, the United States must seriously reform its supervision to reclaim the privileged status for American companies." - Max Schrems The 16 July 2020 Schrems II decision of the Court of Justice of the European Union ("CJEU") had a huge impact on the personal data protection world (e.g., Google was obligated to immediately change its privacy policy). In that judgment, the CJEU brings to light the fundamental right to privacy in the context of a transfer of personal data to third countries (See a summary of the judgment here). In Schrems II, the CJEU invalidated the European Commission’s conclusion ...

August 11th, 2020| Legal news

Personal Data Protection: a register of decisions on line in the context of the one-stop shop!

Data protection is a constantly changing subject. In addition to the publication of certain decisions taken and sanctions imposed by the regulatory authorities (See our article on the topic: https://www.dsm.legal/en/what-sanctions-have-been-ordered-by-supervisory-authorities-in-application-of-the-gdpr-2/), the EDPB recently put on line a register of decisions adopted under Article 60 of the GDPR. You can consult the register here: https://edpb.europa.eu/our-work-tools/consistency-findings/register-for-article-60-final-decisions_en What’s the concept? It’s still the same, to move towards a uniform application of the applicable personal data protection regulations. Thus, the entities involved in the cross-border processing of personal data can benefit from the "one-stop shop", and deal with a single authority for ...

July 30th, 2020| Legal news

Digital platforms: Have you been compliant since 12 July 2020?

Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency fot business users of online intermediation services, became applicable on 12 July 2020. The regulation imposes new obligations on providers of online intermediation services as well as search engines in their commercial relationships with businesses using those services or assimilated platforms. The general terms and conditions governing the relations between the parties, though they are both professionals, must be sufficiently clear and accessible starting from the contract negociation stage and for the duration of the commercial relationship. The parallel with ...

July 14th, 2020| Legal news

Joint Article by Mario DI STEFANO and Alessandra MEDINA on “Les étapes de négociation d’un plan social” in AGEFI Luxembourg – July 2020

AGEFI Luxembourg, a Luxembourg financial journal, published a French-language article in its July 2020 edition on The phases of negociation of a social plan (French-language article: Les étapes de négociation d’un plan social) jointly written by Mario DI STEFANO and Alessandra MEDINA. To see the pdf version of the article click here To see the complete June 2020 edition of AGEFI Luxembourg click here: https://www.agefi.lu/publications/FreeMonthlySample/index.html