CNPD
COMMISSION
NATIONALE
POUR LA
PROTECTION
DES DONNEES
Deliberation No 12_RECLEU7_2026 of 10 February 2026 of the National Data Protection Commission, in a plenary session, on complaint file No 6.334 lodged against the company [REDACTED] via IMI Article 61 procedure 174144
Having regard to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter: the “GDPR”);
Having regard to the Act of 1 August 2018 on the organisation of the National Data Protection Commission and the general data protection framework;
Having regard to the Rules of Procedure of the National Data Protection Commission adopted by Decision No 07AD/2024 of 23 February 2024;
Having regard to the Procedure for complaints before the National Data Protection Commission adopted on 16 October 2020 (hereinafter referred to as the “Complaint Procedure before the CNPD”);
Having regard to the following:
# I. Facts and procedure
1. In the framework of the European cooperation, as provided for in Chapter VII of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation or GDPR), the Supervisory Authority of Bavaria for the Private Sector in Germany submitted to the National Data Protection Commission (hereinafter: “the CNPD”) a complaint (national reference of the concerned authority: LDA-1085.3-11967/20-I) via IMI in accordance with Article 61 procedure - 174144.
2. The complaint was lodged against the controller [REDACTED] (hereinafter [REDACTED] or the “controller”), who has its main establishment in Luxembourg. Under Article 56 GDPR, the CNPD is therefore competent to act as the lead supervisory authority.
3. In the original IMI claim from 2021, the complainant stated that in response to his access request, he was directed to the [REDACTED] customer portal page containing a list of ZIP archives with 74 individual files that must be downloaded separately.
4. In essence, the complainant asks the CNPD to request [REDACTED] to facilitate the right of access to his personal data.
5. The complaint is therefore based on Article 15 GDPR.
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CNPD
COMMISSION
NATIONALE
POUR LA
PROTECTION
DES DONNEES
Deliberation No 12_RECLEU7_2026 of 10 February 2026 of the National Data Protection Commission, in a plenary session, on complaint file No 6.334 lodged against the company [REDACTED] via IMI Article 61 procedure 174144
6. On the basis of this complaint and in accordance with Article 57(1)(f) GDPR, the CNPD requested [REDACTED] to take a position on the facts reported by the complainant and to provide a detailed description of the issue relating to the processing of the complainant's personal data, in particular with regard to the complainant's right of access.
7. The CNPD received the requested information within the deadlines set.
## II. In law
### 1. Applicable legal provisions
8. Article 77 GDPR provides that "without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority, (...) if the data subject considers that the processing of personal data relating to him or her infringes this Regulation."
9. In accordance with Article 15 GDPR "The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information (...)";
10. Article 56(1) GDPR provides that "(...) the supervisory authority of the main establishment or of the single establishment of the controller or processor shall be competent to act as lead supervisory authority for the cross-border processing carried out by that controller or processor in accordance with the procedure provided in Article 60";
11. According to Article 60(1) GDPR, "The lead supervisory authority shall cooperate with the other supervisory authorities concerned in accordance with this Article in an endeavour to reach consensus. The lead supervisory authority and the supervisory authorities concerned shall exchange all relevant information with each other";
12. According to Article 60(3) GDPR, "The lead supervisory authority shall, without delay, communicate the relevant information on the matter to the other supervisory authorities concerned. It shall without delay submit a draft decision to the other supervisory authorities concerned for their opinion and take due account of their views";
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CNPD
COMMISSION
NATIONALE
POUR LA
PROTECTION
DES DONNEES
Deliberation No 12_RECLEU7_2026 of 10 February 2026 of the National Data Protection Commission, in a plenary session, on complaint file No 6.334 lodged against the company [REDACTED] via IMI Article 61 procedure 174144
## 2. In the present case
13. Following the intervention of the Luxembourg supervisory authority, the controller confirmed that it has taken all required actions under the GDPR to comply with the complainant's access request.
Indeed, [REDACTED] did provide the complainant with a copy of his personal data. At the time of the complaint, [REDACTED] would provide categorized, individually downloadable folders. Customers were then able to select and download files individually, at a time and in an order of their choosing. The CNPD believes that to provide the data subject with the possibility to chose which file to download offered a targeted and transparent view.
However, [REDACTED] DSAR practices have been constantly evolving and their customers can now download all files at once; these files are organized in separate folders to maintain the structured overview. As [REDACTED] also provides instructions on how to open these files, the CNPD concludes that it has implemented appropriate measures to ensure and facilitate the complainant's exercise of their rights of access under the GDPR.
## 3. Outcome of the case
14. The CNPD, in a plenary session, therefore considers that, at the end of the investigation of the present complaint, the controller has taken appropriate measures to grant the complainant's right of access request, in accordance with Article 15 GDPR.
15. Thus, in the light of the foregoing, and the residual nature of the gravity of the alleged facts and the degree of impact on fundamental rights and freedoms, it does not appear necessary to continue to deal with that complaint. Moreover, the CNPD is of the view that the issue has been resolved in a satisfactory manner.
In light of the above developments, the National Data Protection Commission, in a plenary session, after having deliberated, decides:
- To close the complaint file 6.334 upon completion of its investigation, in accordance with the Complaints Procedure before the CNPD. As per Article 60(7) GDPR, the lead
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Deliberation No 12_RECLEU7_2026 of 10 February 2026 of the National Data Protection Commission, in a plenary session, on complaint file No 6.334 lodged against the company [REDACTED] via IMI Article 61 procedure 174144
supervisory authority shall adopt and notify the decision to the main establishment or single establishment of the controller.
Belvaux, dated 10 February 2026
The National Data Protection Commission
Chair
Commissioner
Commissioner
Commissioner
### Indication of remedies
This Administrative Decision may be the subject of an appeal for amendment within three months of its notification. Such an action must be brought by the interested party before the administrative court and must be brought by a lawyer at the Court of one of the Bar Associations.
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