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.
61 articles found · #cnpd
Legitimate interest vs consent: CNPD/EDPB tighten, ICO remains looser
Luxembourg’s Administrative Court backed the CNPD in the Amazon case: legitimate interest was not justified. While the EDPB tightens Article 6(1)(f), the UK ICO still calls it the most flexible basis.
Recording meetings and calls: €250,000 fine — CNPD framework 2026
On 16/10/2025, the CNIL fined a call center €250,000 for poorly governed recordings. Since April 2026, the CNPD has issued a dedicated framework for meeting recordings: legal basis, transparency, retention, security, and DPIA.
Mandatory DPIA: CNPD vs CNIL — geolocation, two thresholds
In Luxembourg, the CNPD requires a DPIA for any systematic tracking of location. In France, the CNIL only mandates it for large-scale processing of location data.
GDPR Article 6: the Intesa/Isybank lesson on legitimate interest vs consent
Italy’s DPA fined Intesa €17.6M for transferring ~2.4M customers to Isybank without a valid legal basis. Key takeaway: legitimate interest cannot replace valid consent or strict contractual necessity.
CJEU SCHUFA vs ICO: Is GDPR Article 22 a ban or a right?
The CJEU classified credit scoring as automated individual decision-making under GDPR Article 22. The EDPB reads it as a general ban with exceptions, while the ICO frames it as a right to be activated.
Information duty (Art. 14 GDPR): the legal exception clarified in 2026
The French Court of Cassation (Jan 29, 2026) confirms the Art. 14(5)(c) GDPR exception where a law mandates disclosure and provides appropriate safeguards. Useful for tax/social flows and certain B2G sharing in Luxembourg.
GDPR Article 28: Belgian DPA fines SWDE — your DPA must be rock-solid
On 12 May 2026, the Belgian DPA fined SWDE €86,000, including €1,000 for lacking an Article 28-compliant DPA. Key takeaway: without a complete DPA, any outsourced processing leaves the controller non-compliant.
CNPD — Employee vehicle geolocation: 2 months by default, DPIA often required
CNPD clarifies: retention “2 months by default,” no tracking outside working hours if private use is allowed, and DPIA when there is regular/systematic monitoring. Measures to implement immediately.
GDPR Article 28: when a vendor is a processor (AEPD SEUR/Citibox)
On 8 June 2026, the AEPD fined SEUR and Citibox for lacking a GDPR Article 28-compliant data processing agreement in a “carrier + smart lockers” setup. Contract labels are not decisive; actual processing reality prevails.
GDPR: complaint closure and no Article 78 appeal if not concerned
The French Council of State (20 May 2026) held that a CNIL complaint closure is not a “legally binding decision” triggering an Article 78 GDPR appeal if the complainant is not concretely affected.
Free Mobile/Free fined €42M: lessons for your 72h GDPR response
CNIL fines Free Mobile (€27M) and Free (€15M) after a breach affecting 24M contracts. Priorities: security (Art. 32), content of authority notifications (Art. 33) and of communications to individuals (Art. 34).
CNPD vs CNIL: workplace CCTV, 8 days in LU, up to 30 days in FR
The CNPD sets a default retention of “up to 8 days,” while the CNIL in practice admits up to one month. Entities operating in Luxembourg must adjust their practices and records.