Recital 133
General Data Protection Regulation · UE 2016/679
| (133) | The supervisory authorities should assist each other in performing their tasks and provide mutual assistance, so as to ensure the consistent application and enforcement of this Regulation in the internal market. A supervisory authority requesting mutual assistance may adopt a provisional measure if it receives no response to a request for mutual assistance within one month of the receipt of that request by the other supervisory authority. |
In Luxembourg, the CNPD is particularly solicited by its European counterparts due to the concentration of main establishments of large groups (fintech, e-commerce, digital platforms). The law of 1 August 2018 organising the CNPD specifies in its Article 12 that the CNPD may adopt provisional measures on Luxembourg territory in urgent cases, in line with Article 66 GDPR, without waiting for the lead authority's final decision.
Luxgap practice: if your group has its main establishment in Luxembourg, anticipate inbound mutual assistance requests by maintaining a permanent defence file for each critical processing activity, translated into French and English, ready to send to the CNPD within 10 working days.
