Data Protection In Luxembourg

This book offers a practical presentation of the special features of data protection law in Luxembourg and the way it interacts with the General Data Protection Regulation (GDPR). The GDPR has been effective since 25 May 2018. It has been obligatory to comply with the new Luxembourg Data Protection Act in all data processing operations that relate to Luxembourg as a supplement to the GDPR since 20 August 2018. In the first part of this book, you can learn what new legal requirements the GDPR and the new Luxembourg Data Protection Act impose on companies in Luxembourg and group structures with relationships to Luxembourg respectively. The second part contains a systematic presentation of the GDPR and the Luxembourg Data Protection Act. The book aims to help you to meet the requirements of data protection law in Luxembourg in everyday corporate life and implement them in practice with as little expense and effort as possible. The book, which also includes the text of the Luxembourg Data Protection Act, is available in three languages: French, English and German. The German and English translations of the legal text have moreover been authorised by the supervisory authority in Luxembourg, the CNPD, so you can be sure that using the translations will not cause any disadvantage as compared with applying the law in its original wording.

data. Furthermore, the European Union established clear basic principles for the collection, storage and use of personal data by governments, businesses and other organizations or individuals in Directive 95/46/EC and Directive 2002/58/EC on Privacy and Electronic communications. Nonetheless, the twenty-?rst century citizen – utilizing the full potential of what ICT-technology has to offer – seems to develop a digital persona that becomes increasingly part of his individual social identity. From this perspective, control over personal information is control over an aspect of the identity one projects in the world. The right to privacy is the freedom from unreasonable constraints on one’s own identity. Transactiondata–bothtraf?candlocationdata–deserveourparticularattention. As we make phone calls, send e-mails or SMS messages, data trails are generated within public networks that we use for these communications. While traf?c data are necessary for the provision of communication services, they are also very sensitive data. They can give a complete picture of a person’s contacts, habits, interests, act- ities and whereabouts. Location data, especially if very precise, can be used for the provision of services such as route guidance, location of stolen or missing property, tourist information, etc. In case of emergency, they can be helpful in dispatching assistance and rescue teams to the location of a person in distress. However, p- cessing location data in mobile communication networks also creates the possibility of permanent surveillance.

The rapid development of information technology has exacerbated the need for robust personal data protection, the right to which is safeguarded by both European Union (EU) and Council of Europe (CoE) instruments. Safeguarding this important right entails new and significant challenges as technological advances expand the frontiers of areas such as surveillance, communication interception and data storage. This handbook is designed to familiarise legal practitioners not specialised in data protection with this emerging area of the law. It provides an overview of the EU’s and the CoE’s applicable legal frameworks. It also explains key case law, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights. In addition, it presents hypothetical scenarios that serve as practical illustrations of the diverse issues encountered in this ever-evolving field.

"This book deals with the dilemma faced by multinational corporations when a United States court demands discovery of ESI that is protected in other countries. In fine detail the authors cover the full spectrum of possible responses, from evaluating the comparative costs of legal sanctions in a variety of major global jurisdictions to recognizing when to avoid litigation entirely. The tone throughout is eminently practical, specifying the precise nature and degree of risk involved and offering optimal solutions to all the conflicts likely to arise. On the theoretical side, the rationales of both the US e-discovery model and data privacy laws (focusing on the European data protection directive) are clearly explained"--P. [4] of cover.

This book offers a practical presentation of the special features of data protection law in Luxembourg and the way it interacts with the General Data Protection Regulation (GDPR). The GDPR has been effective since 25 May 2018. It has been obligatory to comply with the new Luxembourg Data Protection Act in all data processing operations that relate to Luxembourg as a supplement to the GDPR since 20 August 2018. In the first part of this book, you can learn what new legal requirements the GDPR and the new Luxembourg Data Protection Act impose on companies in Luxembourg and group structures with relationships to Luxembourg respectively. The second part contains a systematic presentation of the GDPR and the Luxembourg Data Protection Act. The book aims to help you to meet the requirements of data protection law in Luxembourg in everyday corporate life and implement them in practice with as little expense and effort as possible. The book, which also includes the text of the Luxembourg Data Protection Act, is available in three languages: French, English and German. The German and English translations of the legal text have moreover been authorised by the supervisory authority in Luxembourg, the CNPD, so you can be sure that using the translations will not cause any disadvantage as compared with applying the law in its original wording.