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British employees working in Luxembourg at the time of the UK's withdrawal from the European Union may continue to exercise their salaried activity after the withdrawal date. They do not need a specific authorisation in this respect.

A Luxembourg company wishing to hire a British employee after the United Kingdom's withdrawal from the European Union 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.

The Withdrawal Agreement provides that UK nationals retain the right to take up employment as a frontier worker in an EU Member State after the end of the transition period, if the employment started before the end of the transition period.

The Withdrawal Agreement defines a frontier worker as a worker who is employed in the territory of a Member State and who resides in the territory of another State, to which he returns in principle daily or at least once a week.

In Luxembourg, the persons concerned may request a document certifying the rights arising from the Agreement after 31 December 2020. The exact modalities are available on this page:
Requesting a document for a British national which attests to their rights as a cross-border worker.

Under the provisions of the Trade and Cooperation Agreement between the EU and the UK, workers are in principle subject to the social security legislation of the State in the territory of which they carry out their work. British employees working in Luxembourg are therefore covered by the Luxembourg social security scheme.

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 posting rules in relations with the United Kingdom.

Since Luxembourg has decided to opt for this possibility, an employee posted to the United Kingdom therefore remains covered by the Luxembourg 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) will continue to apply to this situation after 31 December 2020 until the end of the posting.

The employee will therefore continue to be covered by the Luxembourg 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.