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New market abuse law enacted in Luxembourg

Luxembourg has enshrined the European Union's Directive 2014/57/EU of 16 April 2014 on criminal sanctions for market abuse in its own law.
In passing the new law, the authorities have been at pains to
advertise their unwillingness to add to or 'gold plate' the
directive for their own purposes, in stark contrast to the
British habit. It deals with not only regulated markets, as
before, but also with multilateral trading facilities and other
types of organised trading facilities, which MiFID II (the
revamped Markets in Financial Instruments Directive) will
introduce in January 2018. The sanctions in the new law will
eventually take account of the widening reach of existing
offences.
Both the Luxembourgeois regulator, the Commission de Surveillance
du Secteur Financier or CSSF, and the state prosecutor are
worried that the interplay between criminal and administrative
punishments might interfere with the legal principle of "non bis
in idem" or "not twice in the same thing," which dictates that
nobody should take legal action twice for the same cause of
action. The new law therefore contains provisions that help them
consult one another in an effort to stave this off. Both
administrative and criminal sanctions have increased and criminal
sanctions apply to companies as well as people.
The new law extends the CSSF's supervisory and investigative
powers. The law firm of Arendt and Medernach has reported that
the regulator is now allowed "to reach out to external experts in
connection with specific questions raised during an inquiry for
an infringement of the provisions of the Market Abuse
Regulation," a statement that suggests that freedom of speech and
the right of one person to telephone another and ask him
questions are seriously abridged in that evidently unhappy
country.
On the subject of the reporting of suspicious orders and
transactions, the law firm also says that the new law contains
the rules and technical arrangements to fully implement Article
32 (Reporting of infringements) of the Market Abuse Regulation
provided for in Directive (EU) 2015/2392, including the
arrangements for reporting and for following up reports, and
measures for the protection of people working under contracts of
employment and measures for the protection of personal data. The
phrase ‘regulated information’ now includes the notifications
that a 'relevant issuer' (or any other person who has applied for
the admission of securities to trading on a regulated market
without the issuer's consent) is required to disclose for the
purposes of article 19 of the EU's Market Abuse Regulation (i.e.
transactions conducted by people with managerial responsibilities
and their close associates).