Recital 137
General Data Protection Regulation · UE 2016/679
| (137) | There may be an urgent need to act in order to protect the rights and freedoms of data subjects, in particular when the danger exists that the enforcement of a right of a data subject could be considerably impeded. A supervisory authority should therefore be able to adopt duly justified provisional measures on its territory with a specified period of validity which should not exceed three months. |
In Luxembourg, the CNPD holds this provisional measure power on national territory, based on Article 41 of the law of 1 August 2018 organising the CNPD. The decision is notified to the controller and can be appealed before the administrative court, but without automatic suspensive effect. The CNPD may, in parallel, refer the matter to the EDPB under the Article 66 GDPR urgency procedure if the risk extends beyond Luxembourg territory.
Luxgap practice: prepare your CNPD 72h response kit today with DPO contacts, template memorandum, list of processing activities that can be suspended without critical disruption, and executive validation circuit. The CNPD values documented responsiveness when lifting the measure.
