Legal news

“Housing pact” preemption rights: jurisprudence developments

The Law of 22 October 2008 on the so-called "Housing Pact", as amended by the Law of 3 March 2017 (the so-called "Omnibus Law"), gives, under certain conditions, preemption rights to municipalities and/or the Housing Fund (Fonds du Logement). Thus, prior to passing a deed of sale, a notary must verify whether such a right exists, and if so, notify the holder(s) of the preemption right of the intent to sell and the conditions thereof. In case of the exercise of the right by the preemptive right holder, the authenticated deed must be sent within three months, the preemptive right ...
July 14th, 2021| Legal news
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Varying perspectives: innovation and construction by Renaud LE SQUEREN and Jean-Yves MARIE – NeoMag 40

Perspectives of a civil engineer and a lawyer. The first worked for over 15 years as Project Manager in France, Luxembourg, Italy and Tunisia and today offers solutions for management of building technical data during their entire life cycle (BIM-Y). The second has been active in the real estate and new technologies sectors as Avocat à la Cour for over 11 years with the law firm of DSM Avocats à la Cour. Mr. Marié, can you present the shared folder mechanism that is used by all of the various operators in the construction sector? Jean-Yves Marié: The BIM is a ...
July 13th, 2021| Legal news
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Teleworking and cross-border workers: status of the situation

Several bilateral accords have recently been signed between the Luxembourg authorities and those of the bordering countries (France, Belgium and Germany) concerning cross-border worker teleworking in the Grand Duchy. These accords temporarily allow cross-border worker teleworking without impacting their tax or social security regime. Below is a brief summary of the situation: German cross-border workers (last updated on 29 June 2021). Source Social Security: Confirmation of the extension of the accord 31 December Tax: The tax treaty is automatically extended each month   Belgian cross-border workers (last updated on 11 June 2021). Source Social Security: extension of the bilateral accord ...
July 8th, 2021| Legal news
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Holding of virtual meetings for companies and other legal persons possible through 31 December 2021

Luxembourg legislators have again wished to extend the ability to hold virtual meetings, this time through 31 December 2021, by amending the Law of 23 September 2020, which initially extended that option through the end of 2020, then through 30 June 2021. It is thus permitted, for companies and other legal persons, to hold general shareholder and other corporate body meetings virtually, regardless of any provision to the contrary in the articles or if the articles do not so provide. For easier reading, a consolidated version of the Law of 23 September 2020 (the "Law of 23 September 2020", as ...
July 6th, 2021| Legal news
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GDPR: An adequacy decision for the free movement of data to the United Kingdom

Since the 1st of January 2021, the United Kingdom has left the European Union. While a trade agreement has been signed, nothing has initially been provided for the transfer of personal data between Europe and the United Kingdom. On 19 February, the Commission published two draft adequacy decisions: One was on Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (the "GDPR"); and The other on Directive (EU) 2016/680 of the European ...
July 5th, 2021| Legal news
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Blockchain, technology that is taking down its blocks

What is Blockchain? The chain of blocks stocks and transmits information transparently and securely. It functions without trusted intermediaries. This technology, created by an unknown person under the name of Satoshi Nakamoto, appeared in 2008 with the Bitcoin. This decentralised database contains the entirety of exchanges carried out by its users since its creation. It creates trust because of its security. On the one hand, no modification of blocks can be made. On the other hand, this transparent tool does not give access to the data to just anyone. In addition, it renders the transactions rapid and offers new opportunities ...
June 25th, 2021| Legal news
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Cross-border Mergers

By Sébastien RIMLINGER, Avocat à la Cour, DSM Avocats à la Cour The period that will follow the COVID-19 pandemic will result in Europe, as in the rest of the world, in an acceleration of the restructuring of companies. These restructuring transactions can take different forms, depending on the objective one seeks to attain. One of the techniques consists of merging Luxembourg and foreign companies. The concept of cross-border mergers and the reasons justifying this type of transaction A merger can take two distinct forms: 1) it can consist of one company absorbing another company, resulting in the dissolution without ...
June 16th, 2021| Legal news
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The end of illegal cookie banners?

Internet users are regularly confronted with increasingly invasive cookie banners. Multiple techniques are used, including a hidden or inexistant refusal option, a request for payment or the appearance of aggressive banners which are permanent until the user accepts the cookies. Everything is done to force the user to consent. Henceforth, None Of Your Business (noyb) attacks such banners that the association deems illegal. Noyb, driven by Max Schrems, has observed significant violations by websites of the General Data Protection Regulation’s (GDPR) consent provisions. Article 7 thereof establishes the principle of freely given, informed, unambiguous and specific consent. It adds that ...
June 4th, 2021| Legal news
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Teleworking: rules updated by the 20 October agreement by Mario DI STEFANO and Alessandra MEDINA – NeoMag 39

The COVID-19 public health crisis unquestionably marked resorting to teleworking, and it did not fail to develop labor law. It was thus that on 20 October 2020 the social partners entered into a new Agreement on the Legal Regime for Teleworking (the "2020 Agreement"). The 2020 Agreement applies to all salaried employees, except for certain categories covered in the Agreement (transfers, transportation sector, sales representative, co-working, smart-working and services to clients outside of the business). The 2020 Convention defines teleworking as "a form of organization or performance of work, generally using information and communication technologies, such that the work, which ...
June 4th, 2021| Legal news
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CNPD’s action plan: what is its position?

On 1 May 2020, the National Commission for Data Protection (CNPD) published its strategy and work program for 2020-2022. This document defines the main guiding principles for the CNPD’s actions until 2022. It is completed with an annual work program. The CNPD established the goal of promoting awareness of and communicating on data protection. It will be fulfilled by thematic investigations, such as that carried out on DPOs, the report of which should be made public during 2021, and by the adoption of new guidelines. These guidelines will cover various topics: geolocation, international data transfer, Brexit, data breaches, processing of ...
June 1st, 2021| Legal news
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