{"id":"circulars/cssf-22-804","title":"Circular CSSF 22/804","type":"circular","date":"2022-03-31","kind":"circular","html":"<p>Circular CSSF 22/804 is a CSSF circular, published 31 March 2022. Subject: Update of Circular CSSF 21/769 on governance and security requirements for Supervised Entities to perform tasks or activities through telework.</p>\n<p>Relevant for: AIFMs, AISPs, Central Securities Depositories (CSDs), Credit institutions, Crowdfunding service providers, Data Reporting Service Providers (DRSPs), E-money institutions, Investment firms, Investment fund managers, Investment funds and vehicles, Management companies - Chapter 15, Management companies - Chapter 16, Mortgage credit intermediaries, Other specific authorisations, registrations and information, Part II UCIs, Payment institutions, Payment institutions/electronic money institutions/AISPs, Pension funds, Securitisation undertakings, SICARs, SIFs, Specialised PFS, Support PFS, UCITS, Virtual asset service providers (VASPs).</p>\n<p>Keywords: Central administration, Cybersecurity, Data protection, Information and communications technology (ICT), Information security, Internal governance.</p>\n<p>Amends <a href=\"/lhoft?page=circulars%2Fcssf-21-769\" class=\"wikiLink\" data-target=\"circulars/cssf-21-769\">Circular CSSF 21/769</a>.</p>\n<h2>Text</h2>\n<p>Circular CSSF 22/804 RE: Update of Circular CSSF 21/769 on governance and security requirements for Supervised Entities to perform tasks or activities through Telework Luxembourg, 31 March 2022</p>\n<p>Ladies and Gentleman, To all supervised entities</p>\n<ol>\n<li>This Circular amends Circular CSSF 21/769 following the entry into force of the Law of 11 March 2022 amending the Law of 17 July 2020 on the measures to fight against the COVID-19 pandemic, as amended, and the abolishment of the general working condition limitations. 2. Circular CSSF 21/769 is amended in accordance with Annex 1 to this circular. The annex in question includes the changes made by this circular to Circular CSSF 21/769 in tracked changes in order to make the reading and comprehension easier. For your convenience, a “clean” version has been appended as Annex 2.</li>\n</ol>\n<p>Yours faithfully,</p>\n<p>Françoise KAUTHEN</p>\n<p>Claude MARX</p>\n<p>Attachements :</p>\n<p>Circular CSSF 21/769 RE: Governance and security requirements for Supervised Entities to perform tasks or activities through telework</p>\n<p>Luxembourg, 9 April 2021 31 March 2022</p>\n<p>Ladies and Gentleman, This Circular defines the governance and security requirements with respect to</p>\n<p>To all supervised entities</p>\n<p>the implementation and utilisation by an entity under the supervision of the CSSF of work processes based on telework solutions. It contributes to the sound and prudent management, the proper organisation of these supervised entities and the preservation of information security by providing guidance on the requirements the supervised entities have to comply with. No approval by the CSSF is required in order to implement, maintain or extend telework solutions for staff in a supervised entity. This circular applies under normal general working conditions. It does not apply under pandemic situations (for example COVID-19) or in case of other exceptional circumstances having a comparable impact on the general working conditions. This Circular is limited to financial sector regulatory requirements. All contractual relations between supervised entities and their employees are out of scope of this Circular. It does not create any precedence for rights or obligations on whether telework may be implemented by entities under the supervision of the CSSF. Furthermore, this Circular does not interfere in any legal provisions that are part of the mandatory public policy provisions (règles d’ordre public) or part of the Luxembourg Labour Code. It is intended solely to provide additional guidance on the governance and security requirements to be followed when implementing telework solutions for employees of entities supervised by the CSSF.</p>\n<p>TABLE OF CONTENTS I. II.</p>\n<p>III. IV. V. VI.</p>\n<p>VII.</p>\n<p>VIII.</p>\n<p>The text above is the opening of the document; the PDF carries the whole.</p>\n<p><a href=\"https://www.cssf.lu/en/Document/circular-cssf-22-804/\" target=\"_blank\" rel=\"noreferrer\">Document page</a>, <a href=\"https://www.cssf.lu/wp-content/uploads/cssf22_804eng.pdf\" target=\"_blank\" rel=\"noreferrer\">PDF</a>. Source: Commission de Surveillance du Secteur Financier (CSSF), reproduced with the CSSF's consent. The French text prevails.</p>"}