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Update on international transfers of personal data - Privacy Shield invalidated and new requirement around the use of Standard Contractual Clauses: which actions should you take?

Update on international transfers of personal data - Privacy Shield invalidated and new requirement around the use of Standard Contractual Clauses: which actions should you take?
07/08/2020

In the context of the “Schrems II” case held before the Court of Justice of the European Union (“CJEU”), some mechanisms used to transfer personal data out of the European Economic Area (“EEA”) have been fully invalidated (Privacy Shield) while others (Standard Contractual Clauses)  – although validated by the CJUE –

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	 Luxembourg law on e-signature and other trust e-services now fully consistent with the eIDAS Regulation

Luxembourg law on e-signature and other trust e-services now fully consistent with the eIDAS Regulation
30/07/2020

Bill No 7427 was adopted on 17 July 2020 and published on 28 July 2020 (click here). The new law modifies the Luxembourg Act of 14 August 2000 on electronic commerce (the e-Commerce Act) to bring it into line with Regulation (EU) No 910/2014 on electronic identification and trust services for electronic transactions in the internal market (the eIDAS Regulation). 

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Schrems II, the day after - What actions do you need to take with regard to your international data transfers?

Schrems II, the day after - What actions do you need to take with regard to your international data transfers?
23/07/2020

Yesterday (16 July 2020), the European Court of Justice issued its breaking judgement in the ‘Schrems II’ case. You can read more about the Court’s ruling on our websi

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Schrems II:  What is (or should be) on your to-do list for international data transfers?

Schrems II: What is (or should be) on your to-do list for international data transfers?
21/07/2020

Today, on 16 July 2020, the Court of Justice of the European Union (CJEU) handed down its Schrems II judgment invalidating the European Commission’s adequacy decision with respect to the EU-US Privacy Shield Framework, a little less than five years after doing the same with respect to the US Safe Harbour (Privacy Shield’s predecessor)

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Data protection impact assessments: new EDPS recommendations

Data protection impact assessments: new EDPS recommendations
06/07/2020

On 6 July 2020, the European Data Protection Supervisor (EDPS) published a report on the use of data protection impact assessments (DPIAs) within EU institutions.

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COVID-19 : Data Protection and Coronavirus : FAQ for Employers

COVID-19 : Data Protection and Coronavirus : FAQ for Employers
21/04/2020

In the context of the coronavirus pandemic, companies are implementing exceptional measures to protect the health and safety of their employees and clients. As a result of these extraordinary measure

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Covid-19: Doing Business As Usual in a Paperless World – Legal Considerations on Digitally Compliant Documents

Covid-19: Doing Business As Usual in a Paperless World – Legal Considerations on Digitally Compliant Documents
08/04/2020

The distancing measures imposed to address the spread of Covid-19 are not only affecting our social relations but are also disrupting the way we are used to doing business. For instance, given that physical meetings can no longer be held to execute transaction documents, electronic signatures are widely being used instead.

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Special serie COVID-19 - n°3 How to deal with  GDPR aspects?

Special serie COVID-19 - n°3 How to deal with GDPR aspects?
02/04/2020

In the context of the difficult evolving situation in connection to COVID-19, most companies are currently facing unprecedented legal issues within their organisations. As a result, they have to significantly adapt their way of working to go through this unique time in the best possible and efficient manner

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Is electronic signature permitted for deal or fund closings (since paper signings are currently impractical)?

Is electronic signature permitted for deal or fund closings (since paper signings are currently impractical)?
30/03/2020

In Luxembourg, the rules on electronic signature and electronic agreements stem from the eIDAS Regulation 910/2014 (the “eIDAS Regulation”), as well as from the civil code and the e-commerce law of 14 August 2000, as amended (1).

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Developments of the CJEU on the concept of “electronic communications service”

Developments of the CJEU on the concept of “electronic communications service”
19/03/2020

In two judgments issued during summer 2019, the Court of Justice of the European Union (“CJEU”) provided guidance regarding the qualification of a service as an “electronic communications service” with the meaning set out under Article 2(c) of Directive 2002/21/EC on electronic communications networks and services (“Framework Directive”). The CJEU indeed held different positions according to the nature of the services provided to end-users.

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