Legal news

The EU-US Privacy Shield

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 ...
February 2nd, 2017| Legal news

2016 Benelux Summit Common Declaration – Digital Benelux – 3 October 2016

In the context of the EU’s ambitions move towards “Smart Regions", the Benelux country Prime Ministers made a common declaration during the Benelux Summit at Schengen on 3 October 2016, the goal of which was to explore measures and projects to develop a Digital Benelux.   To read the common declaration in English, click here, and the French pdf version declaration_commune_sommet_benelux_2016_def.
October 5th, 2016| Legal news

European Trade Mark Reform: Recommended Updating of Lists of Goods and Services before 24 September 2016

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 ...
September 6th, 2016| Legal news

European Parliament Adopts Data Protection Package – 14 April 2016

On Wednesday, 14 April 2016, the European Parliament adopted the Data Protection Package, which includes: - the Personal Data Protection Regulation with direct and uniform effect in the 28 Member States. The Regulation will enter into force 20 days after its publication in the Official Journal of the European Union. Its provisions will be directly applicable in all Member States 2 years after that date. - a directive on the transfer of data for policing and judicial purposes. The directive will apply to the transfer of data across EU borders and will set the minimum standards for data processing for ...
April 17th, 2016| Legal news

E-commerce Merchants Now Required to Insert Link to European Online Dispute Resolution Platform

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 ...
April 12th, 2016| Legal news

European Commission Publishes First Version of “Privacy Shield” Framework

Expected since the invalidation of the Safe Harbor legal framework after the ECJ’s 6 October 2015  Schrems decision, the European Commission published on 29 February 2016, the texts that should make up the EU-U.S. Privacy Shield, negotiated with the American authorities in the context of the transfer of personal data to the United States and in the interest of re-establishing trust in the transfer procedures. The Commission made public its draft "adequacy decision" defining the "privacy principles" with which American companies must comply. The text has seven annexes covering the commitments of the American Department of Commerce and the Federal Trade ...
March 14th, 2016| Legal news

Privacy Shield Agreement Between United States and European Union

Privacy Shield Agreement Between United States and European Union The United States and European Union have just reached a "Privacy Shield" agreement following a phase of negotiations during the continued effect of the Court of Justice of the European Union’s decision in the Schrems case. In a 2 February press release, the European Commission announced having reached an agreement with the United States based on the following three factors related to the protection of the rights of EU citizens in the context of the transfer of their data to the United States, namely reinforcement of the:  obligations and commitments incumbent ...
February 5th, 2016| Legal news

Intellectual Property and Taxation: Tax exemption up to 80% of intellectual property income maintained under certain conditions until 30 June 2021

The Law of 18 December 2015 concerning the Luxembourg government’s 2016 income and expenditure budget significantly amends Luxembourg’s intellectual property tax regime because starting 1 July 2016, Article 50bis of the Law of 4 December 1967 on income taxation (the “LIR”), as amended, will be repealed. Until now, Luxembourg’s legislation allowed exemption of up to 80% of intellectual property income. The LIR was amended in the context of the OECD’s adoption of the "Modified Nexus Approach", pursuant to the OECD/G20 Base Erosion and Profit Shifting Project (BEPS), according to which OECD member countries had to review their tax regulation, particularly as ...
January 5th, 2016| Legal news

European Institutions reach an agreement on the General Data Protection Regulation

The European Parliament, Council and Commission just reached an agreement in principle on the content of the General Data Protection Regulation. The regulation, with direct effect, will repeal the former regulation which was a product of Directive 95/46/CE. The new rules, which will apply on 1 January 2018, will allow all data subjects to better control their personal data. All data controllers must thus provide in advance of any data collection the technical information and practices to any data subject (for example, contact information of the entity responsible for the processing, modalities to exercise the right to erasure and length ...
December 18th, 2015| Legal news

Moving towards being digitally forgotten (right of erasure)

Already on 14 May 2013, at the request of a subsidiary of a Luxembourg group, Germany’s highest civil court, the Bundesgerichtshof, ordered Google to erase certain false and defamatory events from the list of results appearing after a search was made on the name of that corporate group’s president. Now, decision No. C-131/12 of 13 May 2014, in Google Spain SL, Google Inc. v. Agencia Española de Protección de Datos (AEPD), Mario Costeja González, the Court of Justice of the European Union ("CJEU") has upheld and added specifics to that solution. In the latter decision, the CJEU confirms that a ...
June 11th, 2014| Legal news

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