CNPD (Luxembourg)

Commission Nationale pour la Protection des Données
Name:	Commission Nationale pour la Protection des Données
Abbreviation :	CNPD
Jurisdiction:	Luxembourg
Head:	Tine A. Larsen
Deputy:	n/a
Adress:	15, Boulevard du Jazz L-4370 Belvaux Luxembourg
Webpage:	www.cnpd.lu
Email:	info@cnpd.lu
Phone:	+352 2610 60 1
Twitter:	n/a
Procedural Law:	n/a
Decision Database:	n/a
Translated Decisions:	Category:CNPD (Luxembourg)
Head Count:	n/a
Budget:	n/a

The Commission Nationale pour la Protection des Données (CNPD) is the national Data Protection Authority for Luxembourg, headquartered in Belvaux, municipality of Salem. The CNPD oversees the GDPR in Luxembourg and advises the national parliament, the government and other institutions and bodies on legislative and administrative measures relating to the protection of the rights and freedoms of natural persons with regard to processing of their personal data.

Structure

The CNPD is an independent public institution, financially and administratively autonomous. The current members of the CNPD are: Ms Tine A. Larsen (Chair), Mr Thierry Lallemang (Commissioner), Mr Marc Lemmer (Commissioner) and Mr Alain Herrmann (Commissioner).

Procedural Information

Applicable Procedural Law

The CNPD verifies if personal data is processed in accordance with the following provisions:

• the General Data Protection Regulation (GDPR);
• the Act of 1 August 2018 on the organisation of the National Data Protection Commission and the general data protection framework;
• the Act of 1 August 2018 on the protection of individuals with regard to the processing of personal data in criminal and national security matters;
• the Act of 30 May 2005 regarding the specific rules for the protection of privacy in the sector of electronic communications;
• other legal texts containing specific provisions on the protection of personal data, as listed at the end of the page here.

The CNPD is not competent to supervise the processing of personal data carried out by courts of the judicial order, including the public prosecutor (ministère public), or the administrative order acting in their judicial capacities.

Complaints Procedure under Art 77 GDPR

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Ex Officio Procedures under Art 57 GDPR

The CNPD may launch Ex Officio procedures, for example following information seen in the media. They also launch own audit campaigns, for example the 2018 audit of controllers' appointment of a Data Protection Officer (which lead to several decisions, many which are found in the GDPRhub, for example Délibération n° 42FR/2021).

Appeals

A decision made by the CNPD can be challenged within 3 months. If it is, it will go to a general, administrative tribunal for review. A tribunal decision may also be challenged and the case will then move forward in the Luxembourg court system.

Practical Information

Filing with the DPA

Complaints can be filed online via this form: https://cnpd.public.lu/en/particuliers/faire-valoir/formulaire-plainte.html or sent by post to the following address:

Commission nationale pour la protection des données

Service des réclamations

15, Boulevard du Jazz

L-4370 Belvaux

Known Problems

Make sure to download your complaint as PDF after submission. You are left with no trace of what you submitted if you fail to download the complaint.

Filing an Appeal

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Decision Database

Decision and Opinions can be found on the CNPD's website here : https://cnpd.public.lu/en/decisions-avis.html. Decisions summarized on the GDPRhub are listed here.

Statistics

Funding

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Personal

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Caseload

• Number of complaints received by the DPA: 526
• Number of proceedings initiated on the own initiative of the DPA: 31
• Number of data breach notifications: 299
• Number of proceedings terminated by a decision: 0

Fines

• Number of imposed fines : 0
• Amount of these fines: 0

Annual Reports

The CNPD has published annual reports since 2022, all of which can be found on their website here: https://cnpd.public.lu/en/publications/rapports.html

Annual reports are usually published in September/October.