LuxembourgLoi du 24 juillet 2024 portant mise en oeuvre du règlement (UE) 2021/784 (Law of 24 July 2024 Implementing the Terrorist Content Online Regulation)
Loi du 24 juillet 2024 portant mise en oeuvre du règlement (UE) 2021/784, Mémorial A n° 310 de 2024
In force since .
A specific illegal content rule binding private bodies.
- Obligation class
- Prohibition, Reporting, Governance
As of .
What it requires
- Remove terrorist content, or block access to it in all Member States, within one hour of receiving a removal or blocking order from the minister responsible for the Grand-Ducal Police (Article 3(3) and Article 4(2) of Regulation (EU) 2021/784, as backed by Article 6(1) of the Loi du 24 juillet 2024).
- Immediately inform the competent authorities of terrorist content that presents an imminent threat to life (Article 14(5) of the Regulation).
- Communicate with the minister and the Haut-Commissariat à la protection nationale by electronic means in French, German or English, and confirm receipt of any communication from them within three working days (Article 5).
- After a formal notice, meet the obligations of the Regulation that Article 7 backs with an administrative fine: Article 3(6), Article 4(7) and Articles 11, 15 and 17 as monitored by the minister, and Article 5(1), (2), (3) and (5) and Articles 6, 7 and 10 as monitored by the HCPN, together with any decision the HCPN takes under Article 5(6).
If you get it wrong
Criminal exposureYes
Criminal exposure note
Article 6(1) punishes a failure to remove terrorist content or block access to it within one hour of an order, or to inform the authorities immediately of content presenting an imminent threat to life, with imprisonment of one to five years and a fine of EUR 25,000 to 350,000, or either penalty alone.
Penalty structure
Article 6(1) sets the criminal fine at EUR 25,000 to 350,000, and Article 6(2) lets the rate of that fine rise to 4 percent of worldwide turnover for the preceding year where the failure to remove within one hour is systematic or persistent. Article 7(1) and (2) set the administrative fines at EUR 5,000 to 350,000.
- Rule
- Higher of
- As of
- Minimum
- 25,000
- Currency
- EUR
- Fixed cap
- 350,000
- Turnover percentage cap
- 4
Who enforces it
Enforcement body
The minister responsible for the Grand-Ducal Police, who issues removal and blocking orders and imposes administrative fines for the obligations Article 7(1) lists, and the Haut-Commissariat à la protection nationale (HCPN), which supervises specific measures and imposes administrative fines for the obligations Article 7(2) lists; the Grand-Ducal Police reports a breach of the one-hour obligation to the state prosecutor under Article 2(3).
What this law does
Article 1 makes the minister responsible for the Grand-Ducal Police competent to issue the removal or blocking order provided for in Article 3(1) and (4) of Regulation (EU) 2021/784. Article 3 makes the Haut-Commissariat à la protection nationale (HCPN) competent to decide under Article 5(4)(a) of the Regulation that a hosting service provider is exposed to terrorist content.
Article 5 requires every communication between a hosting service provider and the competent authorities to be made by electronic means in French, German or English, and gives the provider three working days to confirm receipt of any communication from them.
Article 6(1) punishes a hosting service provider that fails to remove terrorist content or block access to it within one hour of receiving an order, or fails to inform the competent authorities immediately of content presenting an imminent threat to life, with imprisonment of one to five years and a fine of EUR 25,000 to 350,000, or either penalty alone.
Article 6(2) lets the rate of that fine rise to 4 percent of the provider's worldwide turnover for the preceding year where the failure to meet the one-hour obligation is systematic or persistent. Article 7(1) lets the minister impose an administrative fine of EUR 5,000 to 350,000 on a provider that, after a formal notice, still fails to meet the obligations in Article 3(6), Article 4(7) and Articles 11, 15 and 17 of the Regulation.
Article 7(2) lets the HCPN impose an administrative fine of EUR 5,000 to 350,000 on a provider that, after a formal notice, still fails to meet the obligations in Article 5(1), (2), (3) and (5) and Articles 6, 7 and 10 of the Regulation, or a decision under Article 5(6). The Act took effect on .
When LexLint raises it
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