Capital Requirement Directive V / CRD V – Directive (EU) 2019/878 of the European Parliament and of the Council of 20 May 2019 amending Directive 2013/36/EU as regards exempted entities, financial holding companies, mixed financial holding companies, remuneration, supervisory measures and powers and capital conservation measures (known as “Capital Requirement Directive V” or “CRD V”). …
Continue reading “Transposition: Capital Requirement Directive V / CRD V – Gender Equality”
On May 12, 2021, the CJEU handed down two rulings in the context of the “Tax rulings” granted by Luxembourg. The verdict was not similar. The tax ruling granted by Luxembourg to Engie was deemed incompatible with European law, while that granted to Amazon was not considered to be state aid. A tax ruling, also …
Continue reading “The “tax rulings” mechanism – commentary on the CJEU decision of May 12, 2021″
By Me Nirina LARAVINE-MATTHE and Céline UMBDENSTOCK The 4th European Anti-Money Laundering Directive (EU) n°2015/849, aims to combat money laundering and the financing of terrorism, has strengthened the rules on customer identification and improved awareness of money laundering and financing of terrorism, in particular by advocating a risk-based approach, as part of the so-called “KYC” …
Working in Luxembourg – hurdles and tasks for german companies and their employees Despite all the ease of finding a job or setting up a business across borders, there are still differences between the German and Luxembourg legal systems that employees and employers should be aware of. Together with the German Bar Association in Luxembourg …
Every Luxembourg company must establish and keep up to date a shareholders’ register which is part of the company’s corporate records kept at the company’s registered office and central place of management. The amended Law of 10 August 1915 on commercial companies (the “Company Law”) does not foresee a specific form how a shareholders’ register …
Continue reading “Register of shareholders of a Luxembourg company”
On March 30, 2021, the European Commission announced—along with the South Korean data protection authority—the positive conclusion of talks on negotiations on a future adequacy decision between the EU and the Republic of Korea. According to the Commission, “[…] the adequacy dialogue confirmed the high degree of convergence between the European Union and the Republic …
Continue reading “Data transfers to the Republic of Korea: made easier soon?”
On July 16, 2020, the Court of Justice of the European Union (“CJEU”) declared the Privacy Shield null and void on the grounds that this text “does not grant Europeans actionable rights of recourse before the courts against the American authorities” in a landmark decision—Data Protection Commissioner v Facebook Ireland Ltd and Maximillian Schrems (C-311/18)—better …
Continue reading “Schrems II : What impact for data transfers to the United States ?”
Employee mobility and temporary work (see English translation below) Ensuring the geographic mobility of employees is a major concern for corporate groups, both nationally and internationally. Does this mobility have any impact on the employee’s length of service? The answer to this question is fundamental. Indeed, length of service is the benchmark for determining, among …
Since the entry into force of the European Regulation on the Protection of Personal Data (RGPD), Kaufhold & Reveillaud, Avocats has decided to create a specific department relating to the protection of personal data in order to best serve its clients. One of this department’s activities includes carrying out diagnostics to assess its customers’ compliance …
Kaufhold & Reveillaud, Avocats has identified the three most recurring questions asked by its clients in relation to the European Data Protection Regulation (EDPR). Answers below. 1) Is it compulsory to appoint a Data Protection Officer (DPO)? The appointment of a DPO is often optional. A simple data protection contact is sufficient. KR can help …
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