LUXEMBOURG
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Institut Luxembourgeois de Régulation (ILR), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
LUXEMBOURG
Since April 2022
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
CSSF Circular 22/806 – Outsourcing Arrangements
Point 143 (b) of the Commission de Surveillance du Secteur Financier (CSSF, Financial Sector Supervisory Commission) Circular 22/806 requires resiliency of cloud computing services and, therefore, the localisation of at least one data centre in the European Economic Area.
Coverage Financial sector
LUXEMBOURG
Since September 1807, as amended in December 2002
Pillar Cross-border data policies |
Indicator Local storage requirement
Commercial Code (Code de commerce)
Art. 8 of the Commercial Code requires that accounting books, financial records and supporting documents relating to branches or operational offices of foreign undertakings established in the Grand Duchy be kept in Luxembourg, while allowing these to be preserved either in paper or electronic form.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250827005819/https://legilux.public.lu/filestore/eli/etat/leg/code/commerce/20231101/fr/pdf/eli-etat-leg-code-commerce-20231101-fr-pdf.pdf
- https://web.archive.org/web/20250827004855/https://guichet.public.lu/en/entreprises/gestion-juridique-comptabilite/comptable/enregistrement/obligations-comptables.html
LUXEMBOURG
Since April 2016, entry into force in May 2018
Since August 2018
Since August 2018
Pillar Domestic data policies |
Indicator Framework for data protection
General Data Protection Regulation (Regulation 2016/679)
Act of 1 August 2018 on the Organization of the National Commission for Data Protection and Implementing the GDPR (Loi du 1er Août 2018 Portant Organisation de la Commission Nationale pour la Protection des Données et du Régime Général sur la Protection des Données)
Act of 1 August 2018 on the Organization of the National Commission for Data Protection and Implementing the GDPR (Loi du 1er Août 2018 Portant Organisation de la Commission Nationale pour la Protection des Données et du Régime Général sur la Protection des Données)
The European Union General Data Protection Regulation (GDPR) provides a comprehensive framework for data protection that applies to all EU Member States. Luxembourg implemented the GDPR in 2018 through the Act of 1 August 2018 on the Organization of the National Commission for Data Protection and Implementing the GDPR.
Coverage Horizontal
Sources
LUXEMBOURG
Since May 2006
In April 2014
Since 2010, last amended in 2020
In April 2014
Since 2010, last amended in 2020
Pillar Domestic data policies |
Indicator Minimum period for data retention
Data Retention Directive 2006/24/EC
Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others
Act of 30 May 2005 Laying Down Specific Provisions for the Protection of Persons with Regard to the Processing of Personal Data in the Electronic Communications Sector (Loi Modifiée du 30 Mai 2005 Relative aux Dispositions Spécifiques de Protection de la Personne à l'Égard du Traitement des Données à Caractère Personnel dans le Secteur des Communications Électroniques et Portant Modification des Articles 88-2 et 88-4 du Code d'Instruction Criminelle)
Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others
Act of 30 May 2005 Laying Down Specific Provisions for the Protection of Persons with Regard to the Processing of Personal Data in the Electronic Communications Sector (Loi Modifiée du 30 Mai 2005 Relative aux Dispositions Spécifiques de Protection de la Personne à l'Égard du Traitement des Données à Caractère Personnel dans le Secteur des Communications Électroniques et Portant Modification des Articles 88-2 et 88-4 du Code d'Instruction Criminelle)
Under the EU Directive on Data Retention, operators were required to retain certain categories of traffic and location data (excluding the content of those communications) for a period between six months and two years and to make them available, on request, to law enforcement authorities for the purposes of investigating, detecting and prosecuting serious crime and terrorism. On 8 April 2014, the Court of Justice of the European Union declared the Directive invalid. However, not all national laws that implemented the Directive have been overturned.
Pursuant to Art. 5 and Art. 9 of the Act of May 30 2005, any telecom service provider or operator who processes traffic or location data shall be required to retain such data for a period of six months for the purposes of investigating and prosecuting criminal offences, and for the sole purpose of making information available to the judicial authorities where necessary. Although the Court of Justice of the European Union declared the EU directive on Data Retention, upon which the articles are based, invalid, Luxembourg has kept the data retention period of six months in its legislation. However, in order to (partly) comply with the Court's reasoning, the amended articles require that the retained data must be deleted irrevocably and without any delay at the expiration of the retention period.
Pursuant to Art. 5 and Art. 9 of the Act of May 30 2005, any telecom service provider or operator who processes traffic or location data shall be required to retain such data for a period of six months for the purposes of investigating and prosecuting criminal offences, and for the sole purpose of making information available to the judicial authorities where necessary. Although the Court of Justice of the European Union declared the EU directive on Data Retention, upon which the articles are based, invalid, Luxembourg has kept the data retention period of six months in its legislation. However, in order to (partly) comply with the Court's reasoning, the amended articles require that the retained data must be deleted irrevocably and without any delay at the expiration of the retention period.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20220119044227/http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:105:0054:0063:EN:PDF
- https://web.archive.org/web/20220330042227/https://legilux.public.lu/eli/etat/leg/tc/2011/08/10/n1/jo
- https://web.archive.org/web/20240127133912/https://www.uke.gov.pl/gfx/uke/userfiles/m-pietrzykowski/telecommunications_act_en.pdf
- https://web.archive.org/web/20150726112407/https://www.lexology.com/library/detail.aspx?g=252b375d-39f5-4379-9095-a772e8eb2f03
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LUXEMBOURG
Since July 2000
Since 2000
Since 2000
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Law on Electronic Commerce (Loi du 14 Août 2000 Relative au Commerce Électronique)
Law on Electronic Commerce (Loi du 14 Août 2000 Relative au Commerce Électronique)
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
In Luxembourg, the Law on Electronic Commerce (Section VI, Articles 60 to 63) deals with the liability of Internet Service Providers and implements almost verbatim Arts. 12-15 of the E-Commerce Directive.
In Luxembourg, the Law on Electronic Commerce (Section VI, Articles 60 to 63) deals with the liability of Internet Service Providers and implements almost verbatim Arts. 12-15 of the E-Commerce Directive.
Coverage Internet Service Providers
Sources
- https://web.archive.org/web/20231227125945/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- https://web.archive.org/web/20230626050010/https://www.genghinieassociati.it/wp-content/uploads/2007/05/Law%20of%2014%20August%202000%20relating%20to%20electronic%20commerce%20Luxembourg.pdf
- https://web.archive.org/web/20230119002203/https://wilmap.stanford.edu/country/luxembourg
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LUXEMBOURG
Since July 2000
Since 2000
Since 2000
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Law on Electronic Commerce (Loi du 14 Août 2000 Relative au Commerce Électronique)
Law on Electronic Commerce (Loi du 14 Août 2000 Relative au Commerce Électronique)
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
In Luxembourg, the Law on Electronic Commerce (Section VI, Articles 60 to 63) deals with the liability of Internet Service Providers and implements almost verbatim Arts. 12-15 of the E-Commerce Directive.
In Luxembourg, the Law on Electronic Commerce (Section VI, Articles 60 to 63) deals with the liability of Internet Service Providers and implements almost verbatim Arts. 12-15 of the E-Commerce Directive.
Coverage Internet Service Providers
Sources
- https://web.archive.org/web/20231227125945/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- https://web.archive.org/web/20230626050010/https://www.genghinieassociati.it/wp-content/uploads/2007/05/Law%20of%2014%20August%202000%20relating%20to%20electronic%20commerce%20Luxembourg.pdf
- https://web.archive.org/web/20230119002203/https://wilmap.stanford.edu/country/luxembourg
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LUXEMBOURG
Since March 2010
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
The European Union and Luxembourg have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal
LUXEMBOURG
Since March 2010
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
The European Union and Luxembourg have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal
LUXEMBOURG
Since June 2016
Since June 2019
Since June 2019
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets)
Law of 26 June 2019 on the Protection of Undisclosed Know-How and Commercial Information (Trade Secrets) Against Illicit Acquisition, Use and Disclosure (Loi du 26 Juin 2019 sur la Protection des Savoir-Faire et des Informations Commerciales Non Divulgués (Secrets d’Affaires) Contre l’Obtention, l’Utilisation et la Divulgation Illicites)
Law of 26 June 2019 on the Protection of Undisclosed Know-How and Commercial Information (Trade Secrets) Against Illicit Acquisition, Use and Disclosure (Loi du 26 Juin 2019 sur la Protection des Savoir-Faire et des Informations Commerciales Non Divulgués (Secrets d’Affaires) Contre l’Obtention, l’Utilisation et la Divulgation Illicites)
The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets.
The Law of 26 June 2019 on Trade Secrets (the Trade Secrets Act) implements into Luxembourg law the EU Directive No 2016/943 of 8 June 2016 on the protection of trade secrets against their unlawful acquisition, use and disclosure. The Law provides a legal definition of “trade secrets”, which was until now only defined by the courts. The Trade Secrets Law fills a gap for businesses for which trade secrets have significant commercial value but do not satisfy the conditions to be protected under intellectual property law or are not registered as an industrial property title (on a voluntary basis) because of their confidential nature.
The Law of 26 June 2019 on Trade Secrets (the Trade Secrets Act) implements into Luxembourg law the EU Directive No 2016/943 of 8 June 2016 on the protection of trade secrets against their unlawful acquisition, use and disclosure. The Law provides a legal definition of “trade secrets”, which was until now only defined by the courts. The Trade Secrets Law fills a gap for businesses for which trade secrets have significant commercial value but do not satisfy the conditions to be protected under intellectual property law or are not registered as an industrial property title (on a voluntary basis) because of their confidential nature.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231217080949/https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32016L0943
- https://web.archive.org/web/20211203110543/https://legilux.public.lu/eli/etat/leg/loi/2019/06/26/a444/jo
- https://web.archive.org/web/20231222220854/https://www.elvingerhoss.lu/publications/entry-force-law-protection-trade-secrets
- https://web.archive.org/web/20231230032633/https://www.pwclegal.lu/en/publications/law-on-trade-secrets.html
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LUXEMBOURG
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.94%
Coverage rate of zero-tariffs on ICT goods (%)
74.43%
Coverage: ICT goods
LUXEMBOURG
Since March 2004, last amended in February 2014
Since April 2018
Since April 2018
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)
Law of 8 April 2018 on Public Procurement (Loi du 8 Avril 2018 sur les Marchés Publics)
Law of 8 April 2018 on Public Procurement (Loi du 8 Avril 2018 sur les Marchés Publics)
Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
In Luxembourg, the Directive has been transposed with Art. 147 of the Law on Public Procurement.
In Luxembourg, the Directive has been transposed with Art. 147 of the Law on Public Procurement.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment
Sources
- https://web.archive.org/web/20220330153408/https://legilux.public.lu/eli/etat/leg/loi/2018/04/08/a243/jo
- https://web.archive.org/web/20220303180640/https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014L0025&from=EN#d1e7298-243-1
- https://web.archive.org/web/20240301001209/https://www.lexology.com/library/detail.aspx?g=276feaf8-c91b-4b7d-8310-dad8134f3c4c
- https://web.archive.org/web/20220121131638/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52019XC0813(01)&from=EN
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LUXEMBOURG
Since April 2018
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Law of 8 April 2018 on Public Procurement (Loi du 8 Avril 2018 sur les Marchés Publics)
Art. 62 of the Law on Public Procurement states that the contracting authorities shall grant public procurement participants of countries with which Luxembourg or the EU has international commitments (through the Government Procurement Agreement and other international conventions) treatment no less favourable than that accorded to participants from the European Union. Thus, equal treatment is not granted to operators from other countries.
Coverage Horizontal
LUXEMBOURG
Reported in 2019, last reported in 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Open environment for foreign investment
It is reported that there are no specific restrictions on foreign ownership or control and no sectoral limitations. The country conducts a general review of foreign investments, similar to that applied to domestic investments.
Coverage Horizontal
