Duty LXD-2200
Records calls, in Luxembourg
Act of 30 May 2005, Article 4(1) to (3), Confidentiality of Communications and Recording in Professional Practicesince 3 lines
Art. 4, paragraphes (1) à (3), loi modifiée du 30 mai 2005 · Read the law's page
- If you are a service provider or operator, guarantee the confidentiality of communications made over a public communications network and publicly available electronic communications services, and of the related traffic data.
- Do not listen to, intercept or store communications and the related traffic data, or subject them to any other means of interception or surveillance, unless you are the user concerned or the user concerned has consented; technical storage necessary for the routing of a communication is not prevented.
- If you record communications and the related traffic data in lawful professional practice to provide proof of a commercial transaction or other commercial communication, inform the parties beforehand that recordings may be made, why, and for how long they will be kept at most, and delete the recordings as soon as the purpose is achieved and in any event when the legal period for challenging the transaction expires.
Labour Code Article L.261-1, Monitoring of Employees and Personal Data in the Employment Relationshipsince 4 lines
Code du travail, Art. L.261-1 (Titre VI, loi du 1er août 2018) · Read the law's page
- If you monitor employees through the processing of personal data, do so only in the cases of GDPR Article 6(1)(a) to (f) and in accordance with Labour Code Article L.261-1 (paragraph 1).
- Before the monitoring starts, inform the joint committee or, failing it, the staff delegation or, failing that, the Labour and Mines Inspectorate, or for statutory staff the staff representation bodies, with a detailed description of the purpose, the way the system works and any retention period or criteria, and give a formal commitment not to use the data for another purpose (Article L.261-1, paragraph 2).
- Where the monitoring serves safety and health needs, production or performance control that is the only means to determine exact pay, or flexible working hours, apply Articles L.211-8, L.414-9 and L.423-1 unless the processing meets a legal obligation (Article L.261-1, paragraph 3).
- Do not treat an employee's complaint to the Commission nationale pour la protection des données as a serious or legitimate ground for dismissal (Article L.261-1, paragraph 5).