Your questions

Businesses established in Luxembourg

Will employees of British nationality be allowed to continue their salaried activity after the United Kingdom's withdrawal from the EU? Should they have a work permit?

British employees working in Luxembourg at the time of Brexit may continue to exercise their salaried activity after the United Kingdom's withdrawal from the EU. They do not need a specific authorisation in this respect.

Can a company in Luxembourg hire UK employees after the United Kingdom's withdrawal from the EU? What are the steps to take?

A Luxembourg company wishing to hire a British employee after the United Kingdom's withdrawal from the EU has no specific steps to take. British nationals have the right to work in Luxembourg under the Withdrawal Agreement. They are not subject to the labour market test and do not need a specific authorisation.

Please note that this applies only to British employees who reside in Luxembourg before the end of the transition period. British employees who arrive in Luxembourg after the end of the transition period will, in principle, be considered third-country nationals and therefore be subjected to the conditions and procedures applicable to third-country nationals.

Can a British employee who, at the time of Brexit, works in Luxembourg but lives in France, still work in Luxembourg after Brexit?

A British employee is considered a cross-border if he returns to his country of residence every day or at least once a week.

If, at the time of Brexit, the British national concerned works in Luxembourg and resides in another EU Member State or in the United Kingdom, he/she has the right to continue working in Luxembourg.

Similarly, a British national who resides in another EU Member State or in the United Kingdom has the right to start working in Luxembourg as a cross-border after the United Kingdom's withdrawal from the EU, if this salaried activity starts before the end of the transition period.

After the transition period, the concerned cross-borders may request a letter attesting their right to exercise their salaried activity in Luxembourg.

I am a company established in Luxembourg and employ British workers. What social security provisions will apply to these employees after the United Kingdom's withdrawal from the EU?

EU regulations regarding social security coordination (No. 883/2004 and No. 987/2009) will continue to apply during the transition period,.

According to these regulations, employees are, in principle, subject to the social security legislation of the Member State in the territory of which they carry out their work. Therefore, British employees working in Luxembourg will be covered by Luxembourg's social security scheme.

I am a company established in Luxembourg and I would like to post an employee temporarily to the United Kingdom after the United Kingdom's withdrawal from the EU. Which provisions in terms of social security will apply?

EU regulations regarding social security coordination (No. 883/2004 and No. 987/2009) will continue to apply during the transition period.

If the conditions set out for posted workers in these regulations are fulfilled, the posted worker will remain covered under Luxembourg's social security scheme during the posting period, provided that the posting period does not exceed 24 months.

I am a company established in Luxembourg and before the United Kingdom's withdrawal from the EU, I posted an employee to work temporarily in the United Kingdom for a posting period extending beyond that date. Which provisions in terms of social security will apply after the withdrawal date?

EU regulations regarding social security coordination (No. 883/2004 and No. 987/2009) will continue to apply during the transition period.

The posted worker will therefore continue to be covered by the Luxembourg social security scheme during the posting period, even after  the United Kingdom's withdrawal from the EU.

I bought products online from a company based in Luxembourg. This company transmits my purchase history to one of its subsidiaries in the United Kingdom for the purpose of its stock management. Is the Luxembourg company authorised to transfer my personal data to its UK subsidiary after the United Kingdom’s withdrawal?

Yes.

Until the end of the transition period, the European regulation will continue to apply.

In addition, the data subject has certain rights under the General Data Protection Regulation, including the right to information. As such, anyone who decides to process a data subject’s personal data, is obliged to inform the data subject of :

  • their identity;
  • the purpose of collecting data and whether the provision of the data is mandatory or optional;
  • the recipients of the data;
  • the rights granted to the data subject under the General Data Protection Regulation;
  • any transfers of data to a country outside the European Union.

The controller must provide these elements in plain and clear language when personal data are collected or, at the latest, within one month following the data collection, if the data are not collected directly from the data subject.

Consequently, and subject to compliance with the general principles of the General Data Protection Regulation, including the right to information detailed above, the Luxembourg company will be able to continue to transfer the data subject’s personal data to its UK subsidiary, at least until the end of the transition period.

I bought products online from a company established in the United Kingdom. Will I have the same rights as currently under the General Data Protection Regulation after the United Kingdom’s withdrawal?

Yes.

In case of an agreement, the European regulation will continue to apply until the end of the transition period. Therefore, the data subject will have the same rights as currently, at least until the end of the transition period.

In addition, the data subject has certain rights under the General Data Protection Regulation, including the right to information. For example, anyone who decides to process a data subject’s personal data, is obliged to inform the data subject of :

  • their identity;
  • the purpose of collecting data and whether the provision of the data is mandatory or optional;
  • the recipients of the data;
  • the rights granted to the data subject under the General Data Protection Regulation;
  • any transfers of data to a country outside the European Union.

The controller must provide these elements in plain and clear language when personal data are collected or, at the latest, within one month following the data collection, if the data are not collected directly from the data subject.

I am employed in Luxembourg and regularly travel to the UK for professional reasons. In this context, my Luxembourg employer systematically sends my personal data (name, first name, telephone number, etc.) to an entity based in the United Kingdom, which is responsible for managing my work-related journeys. Will my employer have the right to continue to transfer my data after the United Kingdom’s withdrawal?

Yes.

In case of an agreement, the European regulation will continue to apply until the end of the transition period.

In addition, the data subject has certain rights under the General Data Protection Regulation, including the right to information. For example, anyone who decides to process a data subject’s personal information, is obliged to inform the data subject of :

  • their identity;
  • the purpose of collecting data and whether the provision of the data is mandatory or optional;
  • the recipients of the data;
  • the rights granted to the data subject under the General Data Protection Regulation;
  • any transfers of data to a country outside the European Union.

The controller must provide these elements in plain and clear language when personal data are collected or, at the latest, within one month following the data collection, if the data are not collected directly from the data subject.

Consequently, and subject to compliance with the general principles of the General Data Protection Regulation, including the right to information detailed above, the Luxembourg employer may continue to transfer the data subject’s personal data to its UK entity, at least until the end of the transition period.

I am a natural person holding shares in a Luxembourg investment fund. The financial institution which set up the investment fund, is established in the UK and wishes to receive my personal data for statistical purposes. Is the Luxembourg investment fund authorised to transfer my personal data to the UK financial institution after the United Kingdom’s withdrawal?

Yes.

In case of an agreement, the current European regulation will continue to apply until the end of the transition period.

In addition, the data subject has certain rights under the General Data Protection Regulation, including the right to information. For example, anyone who decides to process a data subject’s personal information, is obliged to inform the data subject of :

  • their identity;
  • the purpose of collecting data and whether the provision of the data is mandatory or optional;
  • the recipients of the data;
  • the rights granted to the data subject under the General Data Protection Regulation;
  • any transfers of data to a country outside the European Union.

The controller must provide these elements in plain and clear language when personal data are collected or, at the latest, within one month following the data collection, if the data are not collected directly from the data subject.

Consequently, and subject to compliance with the general principles of the General Data Protection Regulation, including the right to information detailed above, the investment fund may continue to transfer the data subject’s personal data to the financial institution, at least until the end of the transition period.

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