Home / Publications / CMS Luxembourg Advent Calendar 2022 / Privacy or Transparency
Table of contents
  1. Budget bill for 2023
  2. Administrative dissolution without liquidation
  3. Retrospective 2022 ESG-related topics
  4. General public cannot access beneficial owner registers
  5. The importance of paper trails in corporate litigation: the Luxembourg example
  6. Privacy or Transparency
  7. Clarifications regarding the upcoming entry into force of the “DLT pilot regime”
  8. Retailasation of Funds
  9. Foreign Direct Investments
  10. Luxembourg Act on financial collateral arrangements
  11. Recent TP case law
  12. Mobility of companies
  13. Reform of ELTIFR
  14. Good news for employees coming in 2023
  15. Pre-marketing of AIFs
  16. The digitalization of Luxembourg corporate law in progress
  17. The “Account 115” Case Law
  18. Amendments to the law of 5 August 2005 on financial collateral arrangements
  19. Bill of law modernising the Luxembourg bankruptcy law: introducing a new reorganization toolkit
  20. Recent Case law - 23 September 2022
  21. Corporate Sustainability Reporting Directive
  22. AML from AIFM perspective
  23. ATAD 3
  24. Merry Christmas

Privacy or Transparency

Such fundamental question has been discussed by the Court of Justice of the European Union (CJEU) in a case against the Luxembourg business Register and decided to render invalid the provision of the European Union anti money laundering directive that makes information on the beneficial owners of companies public.

In a nutshell, the CJEU decided that access by the general public to information on beneficial owners constitutes a serious interference with fundamental rights to privacy and personal data protection.

After this decision, the next question now is what will happen to the national cases pending before the Luxembourg Courts. Obviously, the Luxembourg Court will have to judge the case in accordance with the decision of the CJEU.

Authors

Pierre-Emmanuel Roux
Pierre-Emmanuel Roux
Senior Associate | Avocat à la Cour
Luxembourg

Expertise

Employment & Pensions Dispute Resolution
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