Catalog / Is a securities firm / LXD-7883

Is a securities firm, in Luxembourg

Loi du 1er juillet 2024, DORA Competent Authorities, Sanctions and ICT Continuity Duties of Financial Firmssince 2 lines

Art. 5 et 20-21 à 20-25, Loi du 1er juillet 2024 (Mémorial A n° 271) · Read the law's page

  • If you are a CRR institution in Luxembourg, keep adequate contingency and business continuity policies and plans, including ICT business continuity policies and plans and ICT response and recovery plans, and establish, manage and test them in accordance with Article 11 of the DORA Regulation (Loi du 1er juillet 2024, Article 5).for a financial business
  • If you are a person supervised by the CSSF or the CAA under the DORA Regulation, stop conduct that breaches it when ordered and do not repeat it, and do not obstruct the authorities' supervisory powers or give them inaccurate or incomplete information (Articles 20-24 and 20-23).for a financial business
Law of 8 March 2023 on the accessibility requirements applicable to products and services, duties of providers of electronic communications, audiovisual access, transport, consumer banking, e-book and e-commerce servicessince 8 lines

Loi du 8 mars 2023 (art. 1er, paragraphes 2, 4 et 5, art. 6, paragraphes 1er et 3 à 7, art. 15 à 17, art. 25, art. 28 à 30, art. 32 à 35 et annexe II) relative aux exigences en matière d’accessibilité applicables aux produits et services · Read the law's page

  • If you provide electronic communications services (other than machine-to-machine transmission), services providing access to audiovisual media services, consumer banking services, e-books and dedicated software, or e-commerce services, design and provide them to meet the accessibility requirements of Annex I, Section III, and Section IV, of Directive (EU) 2019/882 (Art. 1(2), 6(1) and 6(3); implements Directive Art. 4(1) and (3)).
  • If you provide air, rail, inland waterway or bus passenger transport services, design and provide their websites, mobile device-based services including mobile applications, electronic tickets and ticketing services, transport service information and interactive self-service terminals in the Union to meet Annex I, Sections III and IV, of the Directive; for urban, suburban and regional transport services only the interactive self-service terminals are covered, and Art. 6(3) excepts those services from Section III (Art. 1(2), point 3°, as amended by the Law of , and Art. 6(3)).
  • Prepare the information of Annex II explaining how your service meets the applicable accessibility requirements, include it in your general terms and conditions or an equivalent document, make it available to the public in written and oral form, including in a manner accessible to persons with disabilities, and keep it for as long as the service is available (Art. 15(2) and Annex II; implements Directive Art. 13(2)).
  • Keep procedures in place so that the provision of your services remains in conformity, taking adequate account of changes in the characteristics of the service, in the accessibility requirements and in the harmonised standards or technical specifications by reference to which conformity is declared (Art. 15(3); implements Directive Art. 13(3)).
  • If a service is not in conformity, take the corrective measures needed to bring it into conformity, inform OSAPS immediately with details of the non-conformity and the corrective measures, supply on OSAPS’s reasoned request all the information needed to show conformity, and cooperate with OSAPS (Art. 15(4)-(5); implements Directive Art. 13(4) and (5)).
  • You may rely on the limits of Art. 16(1), that compliance not require a significant modification that fundamentally alters the service or impose a disproportionate burden, only after assessing them on the criteria of Annex VI to the Directive, supporting the assessment with evidence, keeping all relevant results for five years from the date the service was last provided, giving OSAPS a copy of the assessment on request, and informing the authorities responsible for checking the conformity of services of the Member State where the service is provided (Art. 16(1)-(3) and (7); implements Directive Art. 14).
  • If you rely on the disproportionate-burden limit, renew the assessment for each category or type of service when the service you offer is modified, when OSAPS asks, and in any event at least every five years; you cannot rely on the limit for a service for which you receive funding for improving accessibility from sources other than your own resources, public or private (Art. 16(5)-(6)).
  • Do not obstruct the officials of OSAPS or the Grand-Ducal Police when they enter premises, test devices, request books, registers and files, take samples or seize products used to provide the service, and comply with the decisions OSAPS addresses to you, including a prohibition or restriction of the service, a temporary ban, a prohibition on providing a service that misleads or risks misleading on its real characteristics, and a recall, a withdrawal, a modification or a destruction of the product used (Art. 25(3), 28(1), point 4°, 28(2) and (3), 29, 30).
  • If you are a microenterprise providing services, the accessibility requirements of Art. 6(3) and the obligations relating to compliance with them do not apply to you; a microenterprise is an enterprise that employs fewer than ten persons and has an annual turnover not exceeding EUR 2,000,000 or an annual balance sheet total not exceeding EUR 2,000,000 (Art. 6(4) and Art. 2, point 14°; implements Directive Art. 4(5)).
  • Until you may keep providing your services using products you lawfully used to provide similar services before that date; service contracts agreed before the Law’s entry into force on may run unchanged until they expire but for no more than five years from that date; self-service terminals you lawfully used to provide services before the Law’s entry into force may stay in use for similar services until the end of their economically useful life, which may not exceed twenty years after they were put into service (Art. 34(2)-(3) and 36; implements Directive Art. 32).

Revisions

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  1. Revision 1, : the entry was first published.

See also

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