Legal aspects
GENERAL TERMS AND CONDITIONS OF USE (GTCU) OF THIS WEBSITE
Any person using the information, documents, products, software and/or services (hereafter collectively referred to as the "Services") provided on this website will be deemed to be aware of, and to have accepted, all the provisions of these general terms and conditions of use.
"Body" means the government authority, ministry, administration, or any other government organisation that is solely or jointly responsible for this website.
USER OBLIGATIONS
This website is accessible via the internet. The user declares that they are aware of the risks involved and that they accept those risks. They must guard against the effects of computer hacking by adopting a suitable and secure computing environment.
The Luxembourg State accepts no liability for any loss or damage which the user may suffer, directly or indirectly, in connection with browsing on the website or using the services which it offers, or from accessing any of the other websites to which it refers.
The use of the website is free.
COOKIE MANAGEMENT
This site uses client-side cookies. These are small text files that are used to analyse users' browsing patterns and habits (frequency and duration of visits, pages viewed, etc.).
They are sent by the website and stored in a special folder on the user's computer. A cookie contains the name of the server that created it, an identifier in the form of a unique number and an expiry date. The unique identifier allows the website to 'remember' the user's computer whenever they visit the website. Session cookies are deleted from the user's computer when the session is closed. However, persistent cookies remain on the user's computer for one month after the end of the session.
The user can decide whether or not to allow the website to store cookies on their computer. They may change their browser settings at any time to prevent cookies from being accepted and stored. Moreover, the user can delete all previously stored cookies at any time using their browser.
If the user opts to refuse cookies from this website, some features may not work as expected or may be disabled. Hence, it is recommended that users update their browser settings to accept cookies from the website.
CHANGES TO THE SITE
The Luxembourg State reserves the right to develop, modify or suspend the website, without prior notice, for maintenance or updating purposes or for any other reason which may be deemed necessary.
In particular, the Luxembourg State may, at any time, withdraw, add to or clarify all or any part of the information and services contained in or offered on this website. The Luxembourg State may not be held liable for any loss or damage whatsoever, whether direct or indirect, in connection with any such changes.
GENERAL LIMITATIONS OF LIABILITY
The Luxembourg State will use its best endeavours to ensure that the website is always available. However, it accepts no liability should the website become temporarily or wholly unavailable.
The Luxembourg State will use its best endeavours to ensure the security of the computer system.
The Luxembourg State will use its best endeavours to ensure that the website is always available.
The Luxembourg State will use its best endeavours to ensure the security of the computer system. However, it accepts no liability if the underlying computer system is 'hacked', or if the website becomes temporarily or wholly unavailable.
The Luxembourg State will use its best endeavours to ensure that the information published on the website and on social networks is accurate. However, it may not be held liable for any omissions in connection with the update of information or forms, errors in the use of the system, coding errors or inaccuracies, or gaps, errors or inaccuracies in the information provided. The aim is to disseminate accurate, up-to-date information emanating from a variety of sources, but the Luxembourg State is unable to avoid all risks of hardware error. None of the information published on this website should be considered as exhaustive or as a commitment from the State. Explanations in layman's terms and translations are provided solely for information purposes. Only legal texts published in the Mémorial (Official Journal of the Grand Duchy of Luxembourg) shall be deemed authoritative. The information appearing on this website is of a general nature. It is not tailored to personal or specific circumstances, and therefore cannot be regarded as constituting personal, professional or legal advice to the user. If the user needs personal or specific advice, they should always consult the competent departments within the different administrative bodies.
LIMITATIONS OF THE WEBSITE'S LIABILITY
The website expressly cannot accept liability for any consequences, whether direct or indirect, arising from:
- Incompatibility between the service offered and the equipment, applications, procedures or infrastructures of the user or of any third party;
- Any security breaches caused by the user or a third party, and more generally any security breaches not directly attributable to the website;
- Any errors and/or fraudulent acts committed by the user or a third party;
- Any unavailability or malfunction of electronic communication systems or networks.
LINKS TO RELATED SITES
For users' convenience, this website may contain links to other websites which they may find useful or interesting. The Luxembourg State, and more specifically the SNMC (National service of the Mediator of consumption), does not systematically monitor the content of those websites. Consequently, they may not be held liable for the content of those websites, and particularly for the legality or accuracy of such content.
INTELLECTUAL PROPERTY
The website, all the elements contained therein (including the layout), and the information and services are protected by the relevant intellectual property and copyright laws.
Unless otherwise specified, the Luxembourg State grants no licence or authorisation with regard to the intellectual property rights which it holds in respect of the website, the elements it contains, or the Services. Moreover, reproduction of the information or services, either in full or in part and in whatever form or by whatever means, is forbidden without the prior written consent of the SNMC.
Unless otherwise specified, users are authorised to view, download and print the available documents and information, on the following conditions:
- The documents may only be used for personal purposes, for information and in a strictly private context;
- The documents and information may not be modified in any way whatsoever;
- The documents and information may not be disseminated outside or beyond the website.
The rights implicitly or expressly granted above constitute an authorisation to use the website; under no circumstances do they constitute a transfer or assignment of property rights or other rights in relation to the website.
CHANGES TO THE GENERAL TERMS AND CONDITIONS OF USE
These general terms and conditions of use may be modified or supplemented at any time, without prior notice, to reflect changes made to the website or changes in the law, or for any other reason which may be considered necessary. It is the user's responsibility to familiarise themselves with the general terms and conditions of use of the website, of which only the most up-to-date online version shall be deemed to be in force. It is possible that, in the interval between two visits to the website, the general terms and conditions of use may have changed, and thus it is the user's responsibility to read through those conditions before using the site once again.
APPLICABLE LAW AND COURTS OF COMPETENT JURISDICTION
All disputes concerning the use of the website and its services shall be governed by Luxembourg law, and the courts of the Grand Duchy of Luxembourg shall have exclusive jurisdiction to hear and settle such disputes.
PROTECTION OF PERSONAL DATA
GENERAL REMARKS
The personal data communicated by the user are processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
The Luxembourg State collects no personal data other than the IP addresses contained in the server logs. These are collected for security reasons. User's legitimate interest is not required before visiting this website.
The controller for these processing operations is the National service of the Mediator of consumption (SNMC, 6 rue du Palais de Justice, info@mediateurconsommation.lu).
Users can file claims relating to the protection of their personal data through the various communication channels made available, and directly to the controller who, in this case, is the Body responsible for this website. Users can also file claims with the SNMC's data protection officer at the following email address: dpo@eco.etat.lu. Furthermore, the user may contact the National Commission for Data Protection, whose registered office is located at 15, Boulevard du Jazz L-4370 Belvaux for any questions on this subject.
WEBSITE CONTACT FORM
The information about you collected through the website contact form needs to be processed by the SNMC to deal with your request.
The personal data collected through the form is processed for the handling of mediation requests, the management and follow-up of mediation cases, communication with the parties concerned, and compliance with applicable legal and regulatory obligations. The data is used only to the extent necessary to achieve these purposes.
The processing of personal data by the SNMC is based primarily on the performance of a legal obligation arising from its statutory duties. Such processing is carried out in accordance with the provisions of the Law of 17 February 2016 on the out-of-court resolution of consumer disputes, which established the SNMC and defines its powers, particularly with regard to dispute handling, mediation, and the management of cases falling within its jurisdiction.
In the course of carrying out its duties, the SNMC may process various categories of personal data, including identification data (surname, first name, address), contact details (email address, telephone number), information relating to mediation cases, as well as the documents and supporting evidence necessary for their processing.
The personal data collected is accessible only to authorized persons acting within the scope of their duties, in particular the mediation service staff responsible for examining and managing cases. To the extent necessary for handling the dispute, certain data may also be disclosed to the parties concerned, including the defendant, in order to enable the mediation procedure to be conducted.
By filling in the form, you agree that your personal data may be processed as part of the processing of your request. That information is kept by the administration in question for as long as it is required to achieve the purpose of the processing operation(s).
As the retention period for personal data depends on the type of request, the SNMC will communicate the applicable retention period, or the criteria used to determine it, on request, on a case-by-case basis. Personal data will be automatically anonymized after a retention period of five years, unless a longer retention period is required by law or is necessary for the management of an ongoing dispute.
The recipient of your data is the SNMC for processing your request. Please contact the SNMC to find out who the recipients of the data in this form are.
The SNMC, with the support of the CTIE, implements appropriate technical and organizational measures to ensure the security and confidentiality of personal data. These measures include, in particular, access controls for systems and infrastructure, restrictions on access to technical premises, and safeguards designed to protect against unauthorized access and intrusions.
Data processing activities are carried out in accordance with Regulation (EU) 2016/679 (GDPR), the Law of 1 August 2018 on the organization of the National Commission for Data Protection and the general data protection framework, the Law of 1 August 2018 on the protection of individuals with regard to the processing of personal data in criminal matters and matters of national security, and the amended Law of 30 May 2005 concerning the protection of privacy in the electronic communications sector.
Under the terms of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, you have the right to access, rectify and, where applicable, request the erasure of any information relating to you. You also have the right to withdraw your consent at any time.
Additionally, unless the processing of your personal data is compulsory, you may, with legitimate reasons, oppose the processing of such data.
If you wish to exercise these rights and/or obtain a record of the information held about you, please contact the SNMC using the contact details provided on the form. A further possibility is to send a complaint to the National Commission for Data Protection, at its head office at 15, Boulevard du Jazz, L-4370 Belvaux.
DATA PROCESSING IN CONNECTION WITH AUDIENCE MEASUREMENT
Certain data relating to the user's hardware and software, which is not capable of revealing the user's identity, is collected when they visit the public-domain site. The sole purpose of collecting such data is to garner statistics on website traffic (type of browser, resolution, approximate location, and so on) in order to provide users with the best possible user experience.
Under no circumstances is the user's full IP address retained. Only part of the IP address is retained for the purpose of computing overall statistics, and there is no way of identifying users.
This data is retained and hosted in Europe, in a solution provided by a subcontractor – specifically, Adobe Systems Inc. – who, as such, is subject to the same legal obligations regarding the protection of personal data, if this data was to be harvested in the future.
The data is retained for no longer than is necessary to observe how audiences evolve as a function of browser use, resolution settings or other available statistical data.
The controller for these processing operations is the Body responsible for this website.