Recital 17

Recital 17

General Data Protection Regulation · UE 2016/679

(17)

Regulation (EC) No 45/2001 of the European Parliament and of the Council (6) applies to the processing of personal data by the Union institutions, bodies, offices and agencies. Regulation (EC) No 45/2001 and other Union legal acts applicable to such processing of personal data should be adapted to the principles and rules established in this Regulation and applied in the light of this Regulation. In order to provide a strong and coherent data protection framework in the Union, the necessary adaptations of Regulation (EC) No 45/2001 should follow after the adoption of this Regulation, in order to allow application at the same time as this Regulation.

Luxembourg specificity
loi du 1er aout 2018 portant organisation de la Commission nationale pour la protection des donnees

In Luxembourg, the geographical proximity of major EU institutions (EIB, Court of Justice, European Parliament secretariat, Eurostat, Publications Office, EPPO) makes this recital particularly operational: many Luxembourg companies are subcontractors or joint partners of these entities. The law of 1 August 2018 on the organisation of the CNPD confirms that the CNPD remains competent for the national part of the processing, while the EDPS remains competent for the EU institutional part, requiring bilateral coordination in case of incident.

Luxgap practice: for any project involving an EU institution based in Luxembourg, we systematically establish a CNPD/EDPS competence matrix before contract signature and a cross-notification protocol activated from D+0 of an incident.