Relationship with Directive 2002/58/EC
General Data Protection Regulation · UE 2016/679
Relationship with Directive 2002/58/EC
This Regulation shall not impose additional obligations on natural or legal persons in relation to processing in connection with the provision of publicly available electronic communications services in public communication networks in the Union in relation to matters for which they are subject to specific obligations with the same objective set out in Directive 2002/58/EC.
In Luxembourg, the ePrivacy Directive is transposed by the amended law of 30 May 2005 on the protection of privacy in the electronic communications sector. The CNPD (never the APDL) is competent for the data protection aspects and has issued cookie guidance aligned with the CNIL and EDPB standard. The Article 5(3) ePrivacy versus GDPR basis distinction applies fully before it.
Luxgap practice: scan your .lu sites and apps before any inspection, as the CNPD focuses first on trackers firing before consent and on how easy withdrawal is.
