Legal news

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 ...

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 ...

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 ...

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 ...

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 ...