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Luxembourg: CNPD reminds communes of requirement to appoint DPO

The Luxembourg data protection authority ('CNPD') published, on 16 August 2022, a reminder to public communes of Luxembourg that all public bodies, which includes such communes, much designate a data protection officer ('DPO') under Article 37(1)(a) of the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR'). In particular, the CNPD recalled that the DPO can be an employee at the commune, as well as a legal or physical person from outside of the commune or even the office of the government commissioner for data protection, according to Article 58 of Act of 1 August 2018 on the Organisation of the National Commission for Data Protection and Implementing the GDPR.

Accordingly, the CNPD noted that certain communes had not yet complied with the requirement to appoint a DPO and inform the CNPD of the same. Therefore, the CNPD stated that it had contacted such communes to request them to comply.

You can read the press release, only available in French, here.