Newsletters | NautaDutilh

Clarification of the PFS Status of Professionals Performing Lending Activity

Pursuant to Article 28-4 of the Luxembourg Financial Sector Act (FSA), an authorisation as a specialised professional of the financial sector (PFS) is required for professionals engaged in lending ...

Belgian DPA: fines prohibited in the absence of a prior order to comply?

On 26 May 2021, the Belgian Market Court handed down a decision that may lead to much commentary: it set aside a fine issued by the Litigation Chamber of the Belgian Data Protection Authority (BDPA...

Applicability of law on financial collateral agreements to insolvency proceedings

The law of 5 August 2005 on financial collateral agreements, as amended (the 2005 law), provides an attractive legal framework for creditors as its insolvency ring-fencing provisions protect securi...

The CNPD Publishes Several Decisions Following Investigations

The Luxembourg Data Protection Authority (CNPD) has published its first decisions following investigations of non-compliance with the General Data Protection Regulation (GDPR). The decisions relate...

Europe proposes first-ever statutory framework for AI

Following its White Paper on AI in 2020, the European Commission released in April of this year a proposal for a regulation laying down harmonised rules on artificial intelligence (the "Regulation"...

Implementation of new EU framework relating to covered bonds

A draft bill (7822/00) relating to the issuance of covered bonds was recently deposited to implement EU Directive 2019/2162/EU into Luxembourg law. The draft bill introduces se...

Bill amending the Luxembourg Securitisation Act published

Bill No 7825 (the Bill), which aims, amongst other things, to amend the Act of 2 March 2004 on securitisation, as amended, was submitted to the Chambre des Députés on 21 M...

New Sector Conditions for Wind Farms in Wallonia

The Walloon governmental decree of 26 February 2021 on sector conditions for wind farms with a total capacity of at least 0.5 MW, amending the Walloon governmental decree of 4 July 2002, was publis...

Insufficient cybersecurity measures under GDPR

On 26 April 2021, the Litigation Chamber of the Belgian Data Protection Authority (BDPA) handed down its first fine specifically for cybersecurity failures. This decision follows others w...

When does the lease of a building by a public authority constitute a public procurement contract?

Under European public procurement law and its Belgian implementing legislation, the acquisition and lease of existing buildings or other immovable property are in principle excluded from the scope ...

Regulatory changes in the audiovisual media sector

The Act of 26 February 2021 and certain grand ducal regulations have transposed into Luxembourg law the Audiovisual Media Services Directive (2018/1808) (the "Directive"). The new a...

How can we help you?

Cookie notice