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.
43 articles found · #luxembourg · Expertise Luxgap
NIS 2: EU adopts the supply chain Toolbox — what ILR will check
On 13/02/2026, the EU adopted the EU ICT Supply Chain Security Toolbox. Under NIS 2 and Implementing Regulation 2024/2690, supplier management becomes prescriptive and must be evidenced in Luxembourg before the ILR.
NIS 2 in Luxembourg: scope, categories and self‑registration
Luxembourg’s law of 5 May 2026 transposing NIS 2 has been in force since 10 May 2026. The ILR clarifies scope, the “essential/important entity” categorization, and self‑registration.
CJEU C‑312/24 — Erasure vs legal obligation: a relative right
The CJEU clarifies that erasure (Art. 17 GDPR) yields when a clear, foreseeable and proportionate legal obligation justifies retention, including for criminal data in HR files. Once no longer necessary, erasure becomes mandatory again.
NIS 2: common 24h/72h/1‑month templates — what ILR expects
On 26 May 2026, the EU adopted common incident reporting templates (24h/72h/1 month). In Luxembourg, ILR confirms this sequencing and sets out the expected content for entities.
CJEU C‑414/24 (18 June 2026): parallel GDPR remedies are not exclusive
The CJEU confirms that GDPR complaints to the authority (Art. 77) and judicial actions (Art. 79) are parallel and not mutually exclusive. An authority may not dismiss a complaint solely because a court action is pending.
DORA Art. 28: Register of Information — CSSF expectations for 2026
The CSSF opened eDesk and set a DORA Register of Information submission window from 11 February to 31 March 2026. Content is standardized by ITS (EU) 2024/2956 and subject to strict validation rules.
Workplace video surveillance: Garante fine and lessons for Luxembourg
Italy’s Garante fined a shop €2,000 for video surveillance without notice or labor authorization. In Luxembourg, L.261‑1, two‑layer notice and short retention are mandatory.
Amazon vs CNPD (12/03/2026): fine annulled, fine methodology reset
On 12 March 2026, Luxembourg’s Administrative Court annulled Amazon’s €746m fine while upholding core findings. Key takeaway: apply CJEU (Deutsche Wohnen/Nacionalinis) and robustly justify the GDPR fine methodology.
NIS 2 vs DORA in Luxembourg: notify in 24 h or 4 h?
Verifiable fact: CSSF Circular 25/893 (27/05/2025) aligns DORA reporting with a first notification “within 4 hours” after classification. NIS 2 requires a preliminary alert “within 24 hours.” Key issue: who to notify, when, and against which clock in Luxembourg.
DORA TLPT vs TIBER‑EU/LU: the key gap on internal testers
Delegated Regulation (EU) 2025/1190 allows, under strict conditions, internal testers for DORA TLPT. TIBER‑EU/TIBER‑LU require external providers for recognition.
Data transfers outside the EU: EDPB vs ICO — essential equivalence or risk test?
On 15 Jan 2026, the ICO introduced a simplified three‑step test and TRA, diverging from the EDPB/CNPD’s ‘essential equivalence’ plus supplementary measures approach. Bottom line: distinct compliance tracks for EU vs UK transfers.
Workplace video surveillance: DPIA before any camera (Coccaglio)
Italy’s Garante fined the Comune di Coccaglio €6,000 for employee video surveillance without a credible DPIA and for disciplinary use of footage. In Luxembourg, a prior DPIA is almost always required when employees may be captured.