Your questions

Protection of personal data

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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 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.

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.

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.

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.

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.

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.

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.

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