Luxembourg

Recent Articles

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  01.06.2023

  Europe

  CJEU provides clar­ity on data pro­tec­tion: judg­ments on right to com­pens­a­tion and right to ob­tain a copy of per­son­al data

  CJEU judgment on right to compensation for non-material damage under GDPR (Case C-300/21)On 4 May 2023, the CJEU delivered a judgement concerning the right to compensation following an infringement of GDPR (Case C-300/21). It was held that a mere infringement of the GDPR does not confer a right to compensation. Despite this, there is no requirement for the non-material damage suffered due to a breach to reach a certain threshold of seriousness in order to give rise to a right to compensation.Facts of the case:Since 2017, the Austrian postal service (Österreichische Post (OP)) had been collecting...

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  31.05.2023

  Europe

  UPC – the “Long-arm” jur­is­dic­tion

  UPC Long-arm jurisdictionWith the UPC set to open its doors on 1 June 2023, just how far might its reach extend?Unless a European patent has been opted out of the UPC, the national courts and the UPC will share jurisdiction for patent infringement and revocation actions during the transitional period (Article 83(1) Unified Patent Court Agreement (“UPCA”).  However, as part of the revision of the Brussels Recast Regulation (Regulation (EU) No 1215/2012, as amended by Regulation (EU) No 542/2014) to accommodate the UPC, new provision Article 71b(2) was introduced which, some...

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  26.05.2023

  International

  Per­form­ing ser­vices in a de­cent­ral­ised man­ner un­der Mi­CAR

  At the end of April 2023, the European parliament decided on a uniform regulation of crypto assets across the EU by voting on the MiCA regulation (i.e. markets in crypto-assets). The intended innovations are "explosive" for activities related to crypto assets, in particular if they were not yet regulated in Germany where the legislator had provisions already in place, which are similar to those under MiCAR.MiCAR regulates a broad range of crypto-asset services and requests providers to obtain a license from the competent authorities (e.g. BaFin in Germany). It is therefore crucial to identify MiCAR's...

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  25.05.2023

  International

  North Sea Strikes and Force Ma­jeure

  The latest in a series of strikes by oil & gas workers in the North Sea continues to test the operation and efficacy of force majeure (“FM”) provisions in oil and gas industry contracts.There is no single “industry standard” FM clause, and so each contractual FM clause must be carefully considered in its contractual context to determine how it operates.With many North Sea oil and gas industry contracts based on industry model forms, such as LOGIC and OEUK (formerly OGUK), we consider below the impact of the recent (and proposed) North Sea strike actions.  A review...

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  24.05.2023

  International

  De­Fi and MiCA: How much de­cent­ral­isa­tion is enough?

  The European Union Council has recently adopted a regulation on Markets in Crypto-Assets (MiCA) that applies to crypto-assets, their issuers and service providers, and covers a range of services that are not addressed in the European financial regulation.However, for blockchain-based financial services developed in a highly automated manner with minimal or no intermediaries (commonly known as Decentralised Finance or DeFi) determining whether the MiCA regulation covers these services is not a straightforward task. This issue particularly challenges the provision of crypto-asset exchange services...

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  19.05.2023

  Luxembourg

  Pub­lic­a­tion of Lux­em­bourg law on whis­tleblow­ing

  The law of 16 May 2023 (the “Law”) implements Directive (EU) 2019/1937 of the Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (the “Directive”) into Luxembourg law.1. Scope of applicationHowever, the Law has a wider scope than the Directive, as it pertains to the report of breaches of Union and of Luxembourg laws (the “Breach”). It is also intended to complete specific pre-existing frameworks, which are already in place in i.a. the financial and insurance sectors.In a business context, any person...

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