Court case N° 46416 – Court Ruling (Luxembourg, 2021)

Court Ruling
DPA TALuxembourg24 September 2021Luxembourg
final
Court Ruling

General GDPR enforcement action

This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.

A French resident lost an appeal in Luxembourg against the sharing of their bank data with US authorities under FATCA. The court decided that the data sharing was necessary under Luxembourg law, even though the person objected. This case shows how international tax laws can affect personal data rights.

What happened

A French resident's appeal to stop their bank data from being shared with US authorities was rejected by a Luxembourg court.

Who was affected

A French resident with dual French and US nationality whose bank data was shared with US authorities.

What the authority found

The Luxembourg court ruled that sharing the data was necessary under Luxembourg's FATCA law, and no serious GDPR breaches were found.

Why this matters

This ruling highlights the complex interaction between privacy rights and international tax compliance. Businesses and individuals should be aware of how international laws might impact data privacy obligations.

GDPR Articles Cited

Decision AuthorityTA Luxembourg
Full Legal Summary
Detailed

The data subject is a French resident with a dual French and US nationality. They consider themselves as a French national rather than an American national because they have no link with the US, except for the fact that they were born there. In May 2020, they were informed by a banking institution in Luxembourg that they would be considered as an American national under the Foreign Account Tax Compliance Act ("FATCA"), and that the Luxembourg tax authorities would therefore share data relating to their bank account with the competent US authorities. The data subject objected to such processing and asked for the erasure of their personal data, but the Luxembourg authorities rejected this request by decision of 22 March 2021. They argued, among others, that the processing of the complainant's personal data was necessary for compliance with the Luxembourg Law of 24 July 2015 relating to FATCA. The data subject filed an appeal against the decision of 22 march 2021 with the Administrative Court of Luxembourg, and asked for urgent interim measures. The Administrative Court of Luxembourg rejected this appeal on the ground that the conditions for granting interim measures were not fulfilled. In particular, the Court found that none of the alleged breaches of the GDPR were serious or significant enough.

Outcome

Court Ruling

A ruling by a national court on a data-protection matter.

Related Cases (0)

No other cases found for Court case N° 46416 in LU

This is the only recorded case for this entity in this jurisdiction.

Details

Ruling Date

24 September 2021

Authority

DPA TALuxembourg

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Court case N° 46416 - Luxembourg (2021). Retrieved from cookiefines.eu

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