Terms & Conditions

General Terms and conditions

 

1.Terms and conditions of use for websites operated by the Luxembourg Land Registry and Topography Authority (Administration du cadastre et de la topographie)

1.1. General information

  1. Through the Land Registry and Topography Authority, the Luxembourg government, in accordance with the Authority's legal remit, provides the general public with information, as well as various products and/or tools for viewing such information, on the websites act.public.lu (can also be accessed through cadastre.lu) and geoportail.lu (can also be accessed through geoportal.lu). These sites are referred to collectively as [government] 'websites' hereinafter.
  2. Government websites are intended for both public and private users, and are free to use.
  3. The Luxembourg State accepts no liability for any loss or damage which the user may suffer, directly or indirectly, in connection with browsing the websites, using the services they offer, or accessing any other websites to which they link.
  4. The Land Registry and Topography Authority reserves the right to enhance, modify or suspend the publication of its websites for technical maintenance, updates or any other reason it may deem necessary. Content or services may be withdrawn, added and/or supplemented at any time, without prior notice. No liability shall attach to the Luxembourg State for any loss or damage whatsoever, whether direct or indirect, relating to any such changes.
  5. These General Terms and Conditions of Use may be amended 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 deemed 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.

1.2. User obligations

  1. Any person who makes use of the information, products, documents and other services available on the websites is deemed to have read and accepted these terms of use in their entirety.
  2. The user declares that they are aware of the risks involved and that they accept those risks. They must guard against the effects of computer hacking by adopting a suitable and secure computing environment.
  3. By using geoportal.lu, the user acknowledges that they are aware of the fact that using geolocation services generate significant data streams and processing workloads for the data servers. Users shall refrain from abusive use of the websites.

1.3. Cookies management

  1. The government websites use cookies, which are small (often encrypted) text files used to simplify and enhance users' browsing experience and to analyse information relating to their browsing patterns. These cookies are sent by the websites and stored in a special folder on the user's computer.
  2. 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. Persistent cookies, on the other hand, remain on the user's computer even after the session is closed.
  3. Users can decide whether or not to allow government websites to store cookies on their computer. They can alter their browser settings at any time to prevent cookies from being accepted and stored. Moreover, the user can delete all previously stored cookies at any time using their browser.
  4. If the user opts to prevent cookies from being stored on their computer, certain features of the sites they visit may not work as expected.

 

1.4. Limitations of liability

  1. The Luxembourg State (or, where applicable, the Land Registry and Topography Authority) will make every effort to ensure that its computer system is secure. However, it accepts no liability if its computer system is 'hacked', or if the website becomes temporarily or wholly unavailable.
  2. The Land Registry and Topography Authority will make its best efforts to ensure that the information or services contained on its websites are 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, or incorrect or incomplete coding.
  3. None of the information published on this website should be considered as exhaustive or as a commitment from the State. Explanations in layman's terms and translations are provided solely for information purposes.
  4. Under no circumstances may the information contained on the government websites be considered as a substitute for the legal texts in force. In the event of discrepancies or even contradictions with the legal texts in force, the latter shall always prevail.
  5. The Land Registry and Topography Authority accepts no responsibility for the reuse of the information and data provided on government websites. The content is provided for information purposes only; hence, it is possible that the information or data may not be complete, exhaustive, accurate or up to date.
  6. 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.
  7. Any study conducted or interpretation made by the user based on information or services obtained from the government websites is the sole responsibility of the user, and is in no way binding on the Land Registry and Topography Authority.
  8. The information and data on Geoportal.lu relating to geoproducts, geodata and geoservices are obtained from various providers, who use Geoportal and populate it with data. The Luxembourg State accepts no liability for the accuracy or completeness of such data, or for any contradictions between subsets of such data.
  9. The Luxembourg State may, under no circumstances, be held liable for any indirect damages/losses, and is under no obligation to remedy any indirect damages/losses such as financial and/or business losses, losses of clientele or market share, business hardship of any kind, increases in costs and other overheads, loss of turnover, loss of brand image, or the loss of computer data, computer files or computer software which may result from difficulties in operating the service or using the published information that are beyond its control. Any action taken against the user by a third party is considered indirect damage/loss, and therefore does not entitle the user to compensation.

1.5. Links to external sites

  1. The government websites may contain links to external websites simply for the user's convenience. The Land Registry and Topography Authority may not be held liable for the content of such websites, and particularly for the legality or accuracy of such content.

1.6. Intellectual property

  1. The government websites, all the elements contained therein (including the layout), and the information and services are protected by the relevant intellectual property and copyright laws.
  2. Unless otherwise specified, the Luxembourg State grants no license or authorisation with regard to the intellectual property rights which it holds in respect of the websites, the elements they contain, or the services.

1.7. Applicable law and courts of competent jurisdiction

  1. All disputes concerning the use of the government websites and their 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.

 

2.Terms and conditions of use specific to geoportal.lu

2.1. Purpose

  1. Through the Land Registry and Topography Authority, the Luxembourg government, in accordance with the Authority's legal remit, provides the general public with information, as well as various products and/or tools for viewing such information, on geoportal.lu.
  2. Geoportal.lu is a platform for viewing and exchanging geodata, geoproducts and geo services obtained from different providers.

2.2. Definitions

  1. Geodata are computer files containing structured information having a clear spatial connection.
  2. Geoproducts are documents of any type – such as maps, plans, extracts, etc. – derived from geodata.
  3. Geoservices (webservices) are computer programmes which provide geodata as and when required by the user.
  4. The information about the geoproducts, geodata and geoservices, which is contained in a catalogue (metadata), is sourced from various providers who work with Geoportal and populate the site with data, and is in no way binding on administrator of Geoportal.

2.3. User accounts

  1. User accounts, enabling user authentication, are required for: 
  • ordering data online,
  • populating geoportal.lu as a data provider,
  • storing personalised maps on geoportal.lu's servers,
  • gaining access to certain protected information whose permissions are managed jointly by the geoportal.lu administrator and the respective data providers.
  1. The user's personal data collected through their user account are processed by the government administration for the purpose of completing an application or providing a service.
  2. By creating a user account, the user accepts and agrees that their personal data may be retained.
  3. User accounts are secured by passwords.
  4. User accounts are managed by the Land Registry and Topography Authority, and permit each user to be identified by their surname at least. Each user is responsible for the information about themselves that is provided and stored.
  5. User accounts are strictly personal, and bind the user whenever they place an order or submit a request using that account.
  6. The holder of a user account on geoportal.lu recognises that their account and associated password are exclusive and strictly private. They must not be revealed to any third parties.
  7. 'Approved' user accounts, which are authorised to provide geoportal.lu with data (provider accounts) are assigned, managed and processed by the Land Registry and Topography Authority. They permit each user/provider to be identified by their name and address (company name in the case of businesses) and are managed in the same way as normal user accounts.

2.4. Access to geodata

  1. The site geoportal.lu provides a range of geoservices that can be accessed by approved users by means of user accounts.
  2. Access to the geoservices may either be free of charge or at a cost, depending on the regulations in force.
  3. Orders for geodata and geoproducts through geoportal.lu – which are delivered in the form of computer files – are kept for 7 days after they are first downloaded so that the user can retrieve the files if they encounter a download problem. Once that interval has expired, the files are automatically deleted.
  4. Files which have not been downloaded are automatically deleted after 1 month, without notice, and without entitlement to a replacement.
  5. If the user does not request a quote before submitting their order, they are deemed to have implicitly accepted the sale price for the data they have ordered.

2.5. Online payment

  1. The administrative fees for certain products or services can be paid by credit card on geoportal.lu, through the operator CETREL – a member of SIX GROUP – which drawn on services provided by SIX PAY S.A. or by digicash through Payconiq International S.A.
  2. The credit card data will not be processed by geoportal.lu or by the Government IT Centre (CTIE) website. Thus, the Luxembourg State plays no part in the payment procedure, and never has access to the payment data. As such, it may not be held liable if a malfunction occurs in the operator's application or if credit card data is used in a fraudulent manner. For matters in connection with payment, the user is subject to the terms and conditions of CETREL or Payconiq.

3.Legal notice

3.1. Personal data in connection with property registries

3.1.1. Legal framework

  1. In fulfilling its legal remit as provided for in the Law of 25 July 2002 reorganising the Land Registry and Topography Authority, the Land Registry and Topography Authority, under the auspices of the Ministry of Finance, processes personal data in connection with the property registries and files that it manages, updates and retains.
  2. Some of the property files and registers, along with the personal data attached to them, may be viewed or shared subject to the provisions of the Grand Ducal decree of 9 March 2009, regulating the conditions for sharing cadastral documentation.
  3. The Land Registry and Topography Authority must be able to access personal data in connection with the land registries in order to fulfil its public interest remit, i.e., to manage and advertise property assets.
  4. To fulfil the legal obligation of managing the ownership of plots of land, the personal and historical data relating to those plots are retained, with no right of erasure attaching to them.

3.1.2. Protection of persons in regard to processing of personal data

  1. In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, every individual has the right to access the data held about them, under the conditions set by Grand Ducal decree of 9 March 2009 regulating the conditions of sharing cadastral documentation.
  2. Any claim against the rights referred to above, can be made in writing to the office of the Director of the Land Registry and Topography Authority, or via email to dpo@act.etat.lu. In addition, requests or complaints relating to the above-mentioned rights may also be addressed to the National Commission for Data Protection (Commission nationale pour la protection des données).

3.2. Personal data in connection with user accounts

3.2.1. Legal framework

  1. The personal data directly collected through Guichet for the purposes of a service to be rendered by the administration, as well as the authenticated personal data declared through the government websites, are provided by the user at their own free will.
  2. These data are crucial for the administration to provide the service requested by the user in fulfilment of its legal remit as provided for in the law of 25 July 2002, reorganising the Land Registry and Topography Authority and the Grand-Ducal decree of 9 March 2009 regulating the conditions of sharing cadastral documentation.

3.2.2. Personal data in connection with user accounts

  1. The personal data collected through Guichet, or declared voluntarily by any other means for the purpose of the provision of a specific service, are retained for as long as it takes to complete the requested service, and may only be used for anonymised statistical purposes.
  2. The personal data required for account authentication purposes on geoportal.lu are retained for as long as the user account exists. Users may, at any time, delete their account and the associated personal data.
  3. All personal data communicated by the user, regardless of the manner in which such data was communicated, are processed in accordance with the General Data Protection Regulation – EU 2016/679 of the European Parliament and of the Council of 27 April 2016.
  4. Any claim against a user's rights in connection with the above, can be made in writing to the office of the, or via email to dpo@act.etat.lu. Where necessary, requests or complaints in connection with users' rights may also be addressed to the National Commission for Data Protection.

3.2.3. Limitations of liability

  1. The Land Registry and Topography Authority may not be held liable for the consequences of the theft, loss or fraudulent use of a username and its associated password enabling access to Geoportal services.
  2. The Land Registry and Topography Authority reserves the right to block access to the various Geoportal services for any user of access codes for which fraudulent or abusive use has been detected. The same applies for 'approved' user accounts

3.3. Personal data in relation to the SPSLux service

3.3.1. Legal framework

  1. The personal data collected for the purpose of accessing SPSLux services are provided by the user at their own free will, and are managed in an account that the user can access.
  2. These data are crucial for the administration to provide the service requested by the user in fulfilment of its legal remit as provided for in the Law of 25 July 2002 reorganisation the Land Registry and Topography Authority, and in the Grand-Ducal decree of 9 March 2009, determining the means of publication and rates for the cartographic, topographic and geodesic products offered by the Land Registry and Topography Administration.

3.3.2. Protection of persons in regard to processing of personal data

  1. The personal data needed for the purpose of authenticating SPSLux accounts are retained for as long as the user account exists. Users may, at any time, modify or delete their account and the associated personal data. When they delete their account, the user will also lose access to all SPSLux services.
  2. All personal data communicated by the user, regardless of the manner in which such data was communicated, are processed in accordance with the General Data Protection Regulation – EU 2016/679 of the European Parliament and of the Council of 27 April 2016.
  3. Any claim against a user's rights in connection with the above, can be made in writing to the office of the Director of the Land Registry and Topography Authority, or via email todpo@act.etat.lu. Where necessary, requests or complaints in connection with users' rights may also be addressed to the National Commission for Data Protection.

3.3.3. Protection of persons in regard to processing of personal data

  1. The Land Registry and Topography Administration reserves the right to block access to any user suspected of fraudulent or abusive use of SPSLux.