Related legislation

Act of 18 July 2014 concerning the approval of the Convention on Cybercrime of the Council of Europe, opened for signature in Budapest on 23 November 2001.

Act regarding the identification of a physical person within the national register of physical persons and the identity card.

The objectives of the Act of 27 February 2011 are:

• the creation of a competitive environment for the electronic communications sector and the free exercise of these activities in compliance with legal provisions;
• the regulation of access to electronic communications networks and associated ressources, as well as their interconnexion for the purpose of creating competition and ensure the interoperability of electronic communications services while providing advantages to consumers;
• the establishement of consumer and user rights and corresponding obligations of companies providing networks and electronic communication services available to the public;
• the definition of a universal service in electronic communications;
• the separation of the regulatory function from the operation of the networks and the provision of electronic communication services.

Articles 45 et 46 address the safety and integrity of networks and services.

The Act of 30 May 2005 on the networks and electronic communications services is repealed.

The Act of 29 August 2008 regulates the entry and abidance of foreign nationals within the Grand-Duchy of Luxembourg and defines the circumstances under which those people can or have to leave the national territory.

The articles 133-138 of the Act define the circumstances under which the ministry responsible for the immigrations (Ministry of Foreign Affairs) may gain access to certain magisterial files.

This act was amended by the Act of 1 July 2011.

• Act of 22 July 2008 concerning the access by judiciairy agents and police officers to the processing of personal data by judiciairy persons of public law and amending the Code d'instruction criminelle, the amended Act of 31 May 1999 about the police and the police surveillance authority and the amended Act of 27 July 1997 concerning the reorganization of the penal administration.

  This act regulates the circumstances under which police and judiciary agents may access magisterial files.

  In line with the prevention, pursuit and ascertainment of a criminal act, finger prints and pictures which are/were subject of an investigation or a prison sentence, are now subject of a judiciary (police) data processing.

  Certain police officers and judiciary agents have direct access to certain magisterial files like the common register of natural and judiciary persons and the driver licences. The access to these files is regulated by the Grand-Ducal Act of 22 July 2008.

  Access to the data is only permitted under compliance of strict security policies. The access may only cover data which is necessary. It may only be done by legitimate causes and must be connected with a concrete incident. In addition, the access must be retraceable and the identity of the person concerned must be known. Some parts of the data processing are supervised by the specific control authority "Article 17". The processing operations will be determined by other Grand-Ducal Regulations according to article 17 of the amended Act of 2 August 2002.

• Act of 5 June 2009 concerning the access by judiciairy agents and police officers to the processing of personal data by judiciairy persons of public law and amending the Code d'instruction criminelle and the amended Act of 31 May 1999 about the police and the police surveillance authority.

  This act amends the acts mentioned above by expanding the field of agents of judiciairy and police that may access the data. The act also assesses stricter rules concerning the protection of personal data.

Act about the ratification of the treaty between Belgium, Germany, Spain, Netherlands, France, Austria and Luxembourg about the cross-border cooperation, especially in terms of anti-terror fight, the cross-border crime scene and illegal immigration, as well as the common declaration, signed in Prüm (Germany) on 27^th May 2005 / Amendement of the Act of 21 December 2004 concerning the cross-border police assignment, signed in Luxembourg on 8^th July 2004 / Amendement of the Act of 25 August 2006 concerning the genetic finger print within penal cases / Amendemend of the Act of 7 March 1980 about the organisation of judiciary agencies.

This Act makes a number of amendments to the Act of 30 March 1979 (see below) on the digital directory of individuals and makes provision for access to this directory by notaries and other persons creating or executing legal documents transferring rights in respect of real estate. It also introduces the mention of the national identification number of the parties in such documents.

Amended Act of 14 August 2000 on e-commerce. This Act is part of a consolidated text on the subject produced in 2004.

Act on the digital directory of individuals and the national identification number.