Legal news

Data Protection Day: GDPR in numbers – 28 January 2019

In honour of Data Protection Day in 2019, a commemoration which falls every 28th of January, the European Data Protection Board, established by the General Data Protection Regulation (the “GDPR”) pubished an infographic sheet entitled “GDPR in Numbers“. The sheet provides graphics on GDPR compliance and enforcement statistics since its entry into force on 25 May 2018. To view the sheet, click 190125_gdpr_infographics_v4.
January 28th, 2019| Legal news

Safe data flows – European Commission adopts adequacy decision on Japan – 23 January 2019

The adequacy decision on Japan was both adopted by the European Commission and entered into force on 23 January 2019, thus creating the world’s largest area of safe data flows. To guarantee that data transferred from the European Union to Japan enjoy protection guaranties in conformity with European standards, Japan put in place place additional safeguards, including: A set of rules to reduce several differences between the two data protection systems (the "Supplementary Rules"); Safeguards concerning the access of Japanese public authorities to personal data for criminal law enforcement and national security purposes; and A complaint-handling mechanism. This decision also ...
January 23rd, 2019| Legal news

Luxembourg Passes Beneficial Owner Register Law – 13 January 2019

The Law of 13 January 2019 establishing a Beneficial Owner Register (Registre des bénéficiaires effectifs or “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. The RBE Law will enter into effect on 1 ...
January 18th, 2019| Legal news

“VAT Group” Regime Introduction into Luxembourg

On 26 July 2018, the Luxembourg Parliament voted into law Bill No. 7278 (the "Bill") introducing a special VAT regime in Luxembourg, the "VAT group regime" which is now enshrined in Article 60ter, paragraph 1, of the Luxembourg Law on the Value Added Tax (the "VATL"). No notable amendments were made to the Bill, thus the majority of the Bill’s provisions were adopted. Context and Origin of the VAT Group Regime The Bill’s main purpose was to implement a VAT consolidation regime. Prior to the introduction of the VAT group regime, there existed a regime that exonerated autonomous groups of ...
September 25th, 2018| Legal news

GDPR – A New Definition of Consent

June 4th, 2018| Legal news

BREXIT: Unless there is a Favorable Development in the Negotiations, the United Kingdom will Become a Non-EU Country under the New General Data Protection Regulation

In a 9 January 2018 communiqué, the European Commission announced that starting 30 March 2019, the date on which the Brexit will enter into effect, the United Kingdom will be considered a non-EU country, or third country, under the new General Data Protection Regulation (the “GDPR”). Thus, subject to any transitional arrangement that could be agreed upon between the United Kingdom and the European Union, the Commission points out that in the absence of an adequacy decision, a Commission decision recognizing that a State assures an adequate level of protection in light of the GDPR, transfers of personal data to ...
February 1st, 2018| Legal news

E-commerce: What to do about double payment

It’s not rare that, due to a material error, a customer is invoiced twice the amount of its order when it makes internet purchases. Despite the customer’s identifying itself, which is required for the completion of the order, it sometimes appears difficult to obtain its banking information for reimbursement of the sums collected. What can be done in this situation? You must inform the customer of the receipt of the undue payment and request that it transmit to you its banking information for reimbursement. To do that, we advise you to contact the customer through your usual means of communication ...
January 17th, 2018| Legal news

Bill No. 7217 establishing an ultimate beneficial owner register brought before the Chamber of Deputies

On 6 December 2017, the Minister of Justice brought before the Chamber of Deputies Bill No. 7217, which establishes an ultimate beneficial owner register for all entities (companies and other entities with legal personality) registered in Luxembourg. The bill will transpose Article 30 of Directive (EU) 2015/849 on the prevention of the use of the financial system for purposes of money laundering or terrorist financing (the "4th AML/CFT Directive"). In the same context, a second bill, No. 7216, was simultaneously brought for the creation of a Fiduciary Register. The ultimate beneficiary owner register ("REBECO") will be kept with the Luxembourg ...
December 21st, 2017| Legal news

Proposal for a “Free Flow of Data” Regulation

The November 2015 initiative of the free movement of data, introduced as a major policy priority for the European Commission and of the Digital Single Market, tends to reduce the difficulties resulting from the ownership and access to non-personal data. To encourage the free flow of data and promote the sharing of digital information, the priority is to develop a data economy by harmonising Community rules. In this context, on 13 September 2017 the European Commission filed a regulation proposal on the free movement of non-personal data. In the proposal, the Commission introduces a new principle consisting of abolishing the ...
October 3rd, 2017| Legal news

GDPR: The Necessary Adaptation under Luxembourg Law

While General Data Protection Regulation (EU) 2016/679 (the "GDPR") is directly applicable under domestic law, its entry into force in May of 2018 requires an implementing law in Luxembourg. On 12 September 2017, Mr. Xavier BETTEL, Minister of Communications and the Media submitted Bill No. 7184 on the creation of the National Commission for Data Protection (Commission nationale pour la protection des données or “CNPD”) and the implementation of Regulation (EU) 2016/679 on the protection of natural persons with regard to personal data processing and the free movement of such data. The first chapter of the bill affirms the National ...
September 15th, 2017| Legal news

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