Unpacking compliance, security and AI.
Our DPOs and CISOs regularly share their take on regulatory and technical news here: new CNPD guidelines, notable sanctions, incident lessons learned, evolutions on the AI Act, NIS 2 and DORA. To go beyond the press release.
98 articles found · Expertise Luxgap
Amazon v. CNPD (12 March 2026): Legitimate interest rejected in AdTech
Luxembourg’s Administrative Court confirms Amazon’s behavioral advertising could not rely on legitimate interest and annuls the fine in light of the CJEU’s fault requirement.
Transfers to the United States: CNPD implements the DPF, EDPB remains cautious
The CNPD confirms “free” transfers to US entities certified under the DPF (Art. 45 GDPR), while the EDPB maintains reservations and calls for ongoing vigilance.
DORA Art. 28: CSSF turns up the heat on the ICT dependencies register
As of 16 March 2026, only 40% of entities had filed their DORA Art. 28 register. CSSF warns: ESAs’ quality checks, potential rejections and tight resubmission windows, with a 30 June “best effort” for some branches.
CNPD 1FR/2025: how the DPA calculates a GDPR fine in 5 steps
On 6 January 2025, the CNPD fined a controller for delays in data subject rights and applied the EDPB’s five-step method. Key takeaway: track and document your “time-to-rights”.
GDPR Article 6: the Poste Italiane fine clarifies legitimate interest vs consent
Italy’s DPA fined Poste Italiane/PostePay €12.5m for intrusive device access via apps without a valid legal basis. Key message: anything beyond what is strictly necessary often requires valid consent, not legitimate interest.
Workplace video surveillance: the Hanako case rules out consent
Italy’s Garante (12/03/2026) fined Hanako s.r.l. for in-store video surveillance without proper notice and labor authorization. EU-wide message: in employment, employee consent is not a convenient legal basis.
AEPD vs AENA: €10,043,002 for a deficient DPIA (Art. 35 GDPR)
On 4 March 2026, the AEPD fined AENA €10,043,002 for a non‑compliant DPIA on biometric boarding. Key takeaway: a “pro forma” DPIA is tantamount to no DPIA.
GDPR fines 2026: direct actions opened against EDPB decisions
On 10/02/2026, the CJEU allowed companies to bring direct actions against the EDPB’s “binding” decisions. The fine calculation method (Art. 83 GDPR) and compliance orders can now be challenged before the EU courts.
CNPD frames meeting recordings: divergence with the CNIL
As of 01/04/2026, the CNPD tightens meeting audio: strict legitimate interest and deletion once minutes are approved. In France, the CNIL allows call recording for evidential purposes but bans audio paired with CCTV.
Intra-group sharing: CNIL accepts legitimate interest, CNPD treats it as a transfer
In Luxembourg in 2026, legitimate interest may ground intra-group administrative sharing, but the CNPD qualifies it as a transfer between controllers, requiring strong transparency and, outside the EEA, a Chapter V mechanism.
Ireland — Permanent TSB fined: GDPR arts. 32/33 tested at call centers
The Irish DPC fined Permanent TSB €277,500 for call center authentication failures and late notification. Lesson for Luxembourg: Article 32 and the 72h rule (Art. 33) also apply to human processes.
Health data: €5M fine against IQVIA — what GDPR Article 9 really requires
On May 26, 2026, the CNIL fined IQVIA €5M over shortcomings in its health data warehouses. The case illustrates GDPR Article 9’s general prohibition and the strict conditions of its exceptions.