December 24, 2021

Luxembourg Administrative Tribunal suspends injunctions imposed by CNPD against Amazon

On December 17, 2021, the Luxembourg Administrative Tribunal partially granted Amazon Europe Core S.à r.l.’s request to suspend the National Commission for Data Protection’s (CNPD) July 2021 decision that imposed an administrative fine of €746 million and required the company to take corrective measures to bring its advertising program into compliance with the General Data Protection Regulation (GDPR) within six months or risk the imposition of a €746,000 daily penalty for each subsequent day of non-compliance.  The president of the administrative court decided to suspend the injunctions requiring Amazon to bring its advertising system into GDPR compliance and the daily fine, holding that the injunctions had not been conveyed in clear, precise terms that were free from uncertainty in a manner that would enable Amazon to meet their requirements by the January 15, 2022 deadline.

In August 2021, the Commission Nationale Informatique & Libertés of France (CNIL) announced the CNPD’s decision to impose the €746 million fine – the largest fine ever proposed for alleged GDPR violations – as well as various injunctions against Amazon Europe Core, the company’s main European entity headquartered in Luxembourg.  While the administrative court suspended the CNPD’s injunctions against Amazon, it did not address €746 million fine “in principle and in amount,” the recovery of which has been temporarily suspended pending the outcome of Amazon’s appeal that was filed on October 15, 2021.

Luxembourg Tribunal Press Release | Administrative Tribunal President’s Order