LINARI LAW

Data protection reform: EU to streamline cross-border GDPR enforcement

The GDPR, in force since May 25, 2018, is the cornerstone of data protection across the European Union. It established a unified framework for the protection of personal data and created mechanisms for cooperation between national data protection authorities when handling cross-border cases—situations where individuals in one member state are affected by data processing activities based in another. In such cases, one national authority leads the investigation, while others must be consulted and involved.

The Council of the EU and the European Parliament have reached a provisional agreement on a new regulation aimed at improving how these authorities work together.

The new law introduces several procedural and administrative improvements that will make enforcement of the GDPR faster, more consistent, and more transparent for citizens and organizations alike.

One of the most impactful changes is the harmonization of admissibility criteria for cross-border complaints. Under the new rules, a complaint filed anywhere in the EU will be assessed using the same standards.

The regulation also strengthens procedural rights. Complainants will have the right to be heard if their complaint is rejected, and clear rules will govern their involvement throughout the process. At the same time, companies or organizations under investigation will be given access to the preliminary findings before a final decision is taken, allowing them to provide comments and ensure a fair hearing.

To improve efficiency, strict deadlines have been introduced. Investigations must generally be completed within 15 months, with a possible 12-month extension for particularly complex cases. Simpler cooperation procedures—where coordination between authorities is minimal—should be resolved within 12 months.

An early resolution mechanism has been added to further speed up the handling of straightforward cases.

The agreement also provides tools to improve cooperation between authorities. For instance, lead authorities must now share a summary of key issues early in the process to help other data protection bodies align their views and avoid protracted disagreements. In straightforward situations, a simplified cooperation procedure may be applied, allowing national authorities to bypass the full procedural framework while still respecting fundamental rights and enforcement obligations.

The provisional agreement still requires formal approval by both the Council and the European Parliament before it enters into force.

Please feel free to reach out to our team to discuss your projects.

PREVIOUS NEXT

Related posts

Browse All

Team Building in Mallorca

From 2 to 5 October, the Linari Law Firm team travelled to Port Adriano for a team building weekend in Mallorca, joined by their partners. The programme combined wine tastings, harbour walks and long dinners exploring Mallorcan cuisine. As a boutique law firm, Linari sees its close-knit relationships as its…

New CSSF eDesk Notification Requirements for Redemption Suspensions (LMT Rules)

From 21 September 2026, the CSSF requires certain Luxembourg funds — UCIs, SIFs and SICARs governed by the amended Law of 17 December 2010 — to notify the activation and deactivation of redemption suspensions exclusively through the "LMT activation" module on the CSSF eDesk platform. The measure forms part of…

Luxembourg Business Register: Enforcement phase begins

The Luxembourg Business Register has entered a new enforcement phase targeting companies with incomplete or outdated information in the RCS or RBE. Non-compliance may become visible on public register extracts and can ultimately result in financial penalties and administrative strike-off. Companies should ensure that their annual accounts, registered office details…

A sovereign bond on DLT: Luxembourg sets its sights on a European first

On 16 September, Luxembourg Finance Minister Gilles Roth announced the country's intention to issue a sovereign bond on distributed ledger technology (DLT). The Minister framed it as a European first for a sovereign bond of benchmark size — and potentially a world first, depending on its final size, maturity, distribution…

CSSF supervisory fees set to rise

The Luxembourg government has published a draft Grand-Ducal regulation to replace the December 2022 fee scale and align CSSF supervisory fees with the regulator's rising costs. Most fees would increase by around 22%, though the change varies by entity and reaches up to 150% in limited cases, while preserving the…

Trusts and foundations in a company’s ownership chain: LBR clarifies who must be registered with the RBE

Circular LBR 26/01 clarifies how beneficial owners should be identified for Luxembourg companies held through trusts or foundations. According to LBR, the beneficial owners of the underlying trust or foundation should be reported to the RBE by applying the specific rules under Article 1(7)(b) and (c) of the 2004 AML…
Browse All

A LEGACY OF LAW. A FUTURE OF INNOVATION.
25 years of legal excellence – the journey continues.

Contact Info

+352 27 11 60 10

UP