Legal news

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 ...

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, ...

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 ...

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 ...

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 ...