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.
CJEU C‑340/21: proving adequacy (GDPR Art. 32) requires logs
The CJEU (C‑340/21) places the burden on controllers to prove adequacy (GDPR Art. 32). In practice: 24/7 SIEM/SOC and robust logging to detect, investigate, and notify the ILR within 24h under NIS 2.
French Supreme Court (Mar 18, 2026) — Geolocation and working time
The French Supreme Court allows geolocation to measure working time if no other objective, reliable and accessible means exists and employees lack freedom to organize their time. Luxembourg focus: legal basis, necessity, DPIA.
BSI Releases TR‑03188 'Passkey Server' (v1.0, July 2026)
BSI releases TR‑03188 v1.0, an operational guide to deploy server‑side passkeys (FIDO2/WebAuthn). A milestone for phishing‑resistant MFA and GDPR Article 32 compliance.
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.
DGFiP: 600,000 tax records for sale — warning on stealth exfiltration
On 14 August 2026, France’s Finance Ministry confirmed a DGFiP breach with over 600,000 tax records exported. A stealth exfiltration via a spoofed VPN, fueling targeted fraud risks.
NIS 2 and GDPR: Stadler Rail, $12.3M ransom demand, IAM
On July 22, 2026, Stadler Rail rejected a $12.3M ransom after data was exfiltrated via a supplier file-sharing platform. Here is measurable IAM that limits third-party access and aligns with NIS 2 and GDPR.
GDPR: CJEU C‑199/24 and the “journalism” derogation
The CJEU holds that paywalled publication of criminal judgments is not, in principle, a journalistic purpose under Article 85 GDPR. Where the journalism derogation does not apply, GDPR rights and remedies remain available.
ENISA Cybersecurity Exercise Methodology and DORA Article 24 Compliance
ENISA released a cybersecurity exercise methodology and toolkit that directly meet DORA Article 24 scenario-based testing requirements, with concrete artifacts to evidence compliance.
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.
CSSF 25/892: quantifying ICT incident costs — adopt 3‑2‑1‑1‑0 immutable backups
Since 28/05/2025, the CSSF requires annual aggregated estimation of costs/losses from major ICT incidents (JC 2024 34). Immutable, isolated 3‑2‑1‑1‑0 backups cut financial impact and provide the required evidence.
CNPD vs CNIL: 8 days or 1 month to retain workplace CCTV footage?
Facts: CNPD sets 8 days in principle (30 days exceptionally), while CNIL tolerates up to one month. Key point: align video retention with GDPR Art. 5(1)(e) and Luxembourg Labor Code L. 261‑1.
NIS 2: authentication logs as evidence (Conseil d’État)
The Conseil d’État validated purpose‑bound access to authentication logs. To meet NIS 2 (24h) and CSSF expectations, a Logging + SIEM + Forensics setup is now essential.