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  • 13-05-2014

On 3 April 2014, the Luxembourg Supreme Court (Cour de cassation) issued a decision reversing long-standing criminal case law by finding that the (unauthorised) extraction of electronic data can constitute theft within the meaning of Article 461 of the Criminal Code. This is yet another step by Luxembourg law towards the recognition of electronic data as a form of property, after a number of legislative initiatives acknowledging that such data may form the object of a right of retention or lien.

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