Brexit

The provisions of the Trade and Cooperation Agreement between the EU and the UK provide for the possibility of temporarily posting a worker to the territory of the other State while keeping him/her affiliated to the social security system of origin, provided that the States concerned notify their decision to continue to apply the rules on posting in relations with the United Kingdom.

Since Luxembourg has decided to opt for this possibility, an employee posted to Luxembourg therefore remains covered by the British social security scheme during the period of posting, provided that the posting period does not exceed 24 months.

Under the provisions of the withdrawal agreement between the EU and the UK, the EU regulations regarding social security coordination (No. 883/2004 and No. 987/2009) remain applicable to this situation after 31 December 2021 until the end of the posting.

The employee will therefore continue to be covered by to British social security scheme during the posting period, even after 31 December 2020.

Yes.

Until the end of the transition period, the European regulation continues 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 is able to continue to transfer the data subject’s personal data to its UK subsidiary, at least until the end of the transition period.

Yes.

The European regulation continues 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.

Yes.

The European regulation continues 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 can continue to transfer the data subject’s personal data to its UK entity, at least until the end of the transition period.

Yes.

The current European regulation continues 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 can continue to transfer the data subject’s personal data to the financial institution, at least until the end of the transition period.