General terms and conditions of use of the website

Any person using the information, documents, products, software and/or services (hereinafter "Services") provided on this website shall 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

The website is accessible via the internet. The user declares that they are aware of the risks involved and accept those risks. They must guard against the effects of computer hacking by implementing suitable and secure computer settings.

The Luxembourg State and more specifically the Body 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.

Use of the website is free.

Cookies 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. Additionally, from their browser, the user can delete any cookies that have already been stored on their computer.

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 and more specifically the Body 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 and more specifically the Body may, at any time, withdraw, add to or clarify all or any part of the information and services contained in or offered on the website. The Luxembourg State and more specifically the Body 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 and more specifically the Body 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 and more specifically the Body 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 and more specifically the Body 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 and more specifically the Body 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 and more specifically the Body. 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 Body, 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 and more specifically the Body grants no license or authorisation with regard to the intellectual property rights which it holds in respect of the website, the elements it contains, or the Services. Furthermore, no reproduction of the information or Services, in whole or in part, in any form whatsoever and by any means whatsoever, is permitted without the prior written authorisation of the Body.

Unless otherwise specified, users are authorised to view, download and print the available documents and information under the following conditions:

• the documents may only be used for personal use, for information purposes 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 distributed outside the website.

The above rights that are implicitly and explicitly granted to users constitute authorisation of use and in no way constitute a transfer of ownership of rights, property or anything else in respect to this website.

Changes to the general terms and conditions of use

The 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 des données à caractère personnel

General information

Since 25 May 2018, 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, also known as the General Data Protection Regulation, (hereinafter "GDPR") is directly applicable in all member states of the European Union.

All social security institutions, including the FDC, are obliged to comply with the legislation on the protection of personal data. In order to ensure compliance within any entity that processes personal data, the GDPR provides for the appointment of a Data Protection Officer (hereinafter "DPO").

The main tasks of the DPO are:

• to inform and advise the FDC and its agents on their obligations in relation to the protection of personal data;
• to monitor compliance with the legislation on the protection of personal data
• to cooperate with the supervisory authority and, if necessary, informing the supervisory authority and the data holder of any breach of personal data protection legislation.

The DPO should also, upon request from the supervisory authority, provide it with a copy of the electronic file on personal data protection in force within the FDC.

Information on your personal data

FDC's mission is to manage the compensation reserve. FDC fulfils its mission in accordance with the legal and contractual provisions in force. In order to fulfil this task, the FDC processes your personal data and may pass them on to other parties, including its supervisory authority, the General Inspectorate of Social Security.

Articles 13 and 14 of the GDPR provide for certain information to be provided regarding the processing and collection of personal data. This information is provided in the personal data register. This register will be made available to you at short notice.

The FDC undertakes to process personal data only to the extent necessary to fulfil its mission.

What are your rights when your personal data is processed by the FDC?

Where your personal data is processed by the FDC, you have the following rights:

The right of access

This gives you the right to access your personal data. You can ask the FDC whether it holds personal data about you and you can request that this data be made available to you.

The right of rectification

You may request rectification of your personal data if you consider that it is inaccurate or incomplete. The FDC will carry out the requested rectification to the extent that it is competent to do so. Otherwise, the request for rectification will be forwarded, within the limits of the legal framework, to the competent entity.

The right to erasure

You may request that your personal data processed by the FDC be deleted. It should be noted, however, that the majority of personal data are processed by the FDC on the basis of legal or contractual provisions and that this right is therefore very limited.

The right of restriction

In certain circumstances, you may request that access to or processing of your data by the FDC is restricted. It should be noted, however, that the majority of personal data is processed by the FDC on the basis of legal or contractual provisions and that this right is therefore very limited.

The right to portability of personal data

You have the right, within the limits of the personal data actually processed by the FDC, to :

• receive a copy of your personal data;
• request that your data be transferred to another data processing responsible when the processing of the data is based on your consent and when the processing is carried out by automated means. However, the right to request the transfer of personal data to another data processing responsible is very limited by the applicable legislation.

The right to object

You may object to the FDC processing your personal data. It should be noted, however, that the majority of personal data are processed by the FDC on the basis of legal or contractual provisions and that this right is therefore very limited or non-existent.

How to exercise your rights?

If you wish to exercise your rights and/or obtain a record of the information held about you, please contact the DPO using the Contact page or by postal way:

FDC
Data Protection Officer (DPO)
34-40, avenue de la Porte-Neuve
L-2227 Luxembourg

You are also entitled to file a claim with the National Commission for Data Protection headquartered at 15, boulevard du Jazz at L-4370 Belvaux.