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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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Liability of hosting service providers for defamation under e-Commerce Directive (Facebook)

Liability of hosting service providers for defamation under e-Commerce Directive (Facebook)
18/03/2020

On 3  October 2019, the CJEU made an important decision in case C-18/18 with respect to the liability of hosting service providers and whether they may be ordered to remove or block access to content that they store. As a reminder, hosting service providers are subject to a specific liability regime regarding the information they transmit or store for their clients, but of course they remain subject to court injunctions.

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CSSF Updates on IT Outsourcing by Supervised Institutions

CSSF Updates on IT Outsourcing by Supervised Institutions
10/02/2020

As regards IT outsourcing of material activities by credit institutions, investment firms and professionals performing lending operations under Circular CSSF 12/552 (as amended) and IT outsourcing by electronic money institutions, payment institutions and professionals of the financial sector ("PFS") other than investment firms, under Circular CSSF 17/656, the CSSF has published on 16 December 2019 a new form for authorisation requests.

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Cloud computing infrastructure

Cloud computing infrastructure
28/05/2019

On 27 March 2019, the CSSF issued Circular 19/714 ("Circular") which amends CSSF Circular 17/654   on IT outsourcing relying on a cloud computing infrastructure (CSSF Circular 17/654 as amended by the Circular is referred to as the "Cloud Computing Circular").

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Les PropTech ont le vent en poupe mais ne sont pas dispensées du RGPD

Les PropTech ont le vent en poupe mais ne sont pas dispensées du RGPD
16/04/2019

La PropTech se définit comme la transformation du secteur de l’immobilier via des startups aux solutions innovantes (big data, objects connectés, dématérialisation, VR etc..

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 GDPR: CNPD Releases Black List of Processing Operations Subject to a Data Protection Impact Assessment (DPIA)

GDPR: CNPD Releases Black List of Processing Operations Subject to a Data Protection Impact Assessment (DPIA)
25/03/2019

Further to Article 35(4) and (6) GDPR, the competent supervisory authority, i.e. the CNPD in Luxembourg, must establish a list of the types of processing operations which are likely to result in a high risk for the rights and freedoms of data subjects

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