On July 28, 2023, Luxembourg officially implemented the European digitalization directive through the enactment of the Digitalisation Law. This legislation, published on July 18, 2023, in the Luxembourg official gazette (Mémorial A), serves to transpose Directive (EU) 2019/1151 of the European Parliament and the Council, dated June 20, 2019. This directive modifies Directive (EU) 2017/1132, focusing on the integration of digital tools and processes within company law. Additionally, the Digitalisation Law addresses the digital transformation of the notarial profession, aligning with the objectives outlined in the Digitalisation Directive.
The transposition of the Digitalisation Directive and the subsequent adjustments to the legal framework reflect Luxembourg’s commitment to the European Commission’s strategy for establishing a digital single market across Europe. The primary goal is to streamline procedures such as company formation, branch registration, and document filing by enabling these processes to be conducted entirely online. This move signifies a significant step towards modernizing administrative practices and embracing digitalization to enhance efficiency and accessibility within the business and legal sectors.
Overview
The Digitalisation Law establishes a legal framework within Luxembourg company law to facilitate the utilization of digital tools and processes. This framework involves modifications to various legislative instruments, including:
- The Luxembourg civil code (referred to as the “Civil Code”).
- The law of 9 December 1976 governing the organization of the notarial profession, subject to amendments (referred to as the “Notarial Law”).
- The law of 10 August 1915 concerning commercial companies, subject to amendments (referred to as the “Company Law”).
- The law of 19 December 2002 pertaining to the register of commerce and companies, along with regulations regarding accounting and annual accounts of companies, subject to amendments (referred to as the “RCS Law”).
By adapting these key statutes, the Digitalisation Law aims to modernize legal procedures, enhance efficiency, and promote accessibility within the realm of company law in Luxembourg. This comprehensive overhaul facilitates the integration of digital tools and processes, aligning with broader initiatives aimed at fostering digital
More information on Hogan Lovells (Luxembourg) LLP (registered with the Luxembourg bar).