Recital 139
General Data Protection Regulation · UE 2016/679
| (139) | In order to promote the consistent application of this Regulation, the Board should be set up as an independent body of the Union. To fulfil its objectives, the Board should have legal personality. The Board should be represented by its Chair. It should replace the Working Party on the Protection of Individuals with Regard to the Processing of Personal Data established by Directive 95/46/EC. It should consist of the head of a supervisory authority of each Member State and the European Data Protection Supervisor or their respective representatives. The Commission should participate in the Board's activities without voting rights and the European Data Protection Supervisor should have specific voting rights. The Board should contribute to the consistent application of this Regulation throughout the Union, including by advising the Commission, in particular on the level of protection in third countries or international organisations, and promoting cooperation of the supervisory authorities throughout the Union. The Board should act independently when performing its tasks. |
In Luxembourg, the CNPD (never APDL) represents the supervisory authority within the EDPB and actively participates in its sub-groups. The law of 1 August 2018 on the organisation of the CNPD confirms this participation and requires the CNPD to take EDPB positions into account in its decisions, making guidelines directly enforceable during a Luxembourg inspection.
Luxgap practice: in every compliance report delivered to our Luxembourg clients, we explicitly trace the reference EDPB guideline AND the CNPD public position if any, because the CNPD publishes its own sector-specific guidelines (investment funds, HR, video surveillance) that complement the EDPB framework.
