CNPD Wins Court Judgment Against Amazon for GDPR Violations
Summary
The Luxembourg Administrative Court on March 12, 2026 endorsed the CNPD's 2021 compliance order against Amazon Europe Core S.à r.l. for GDPR violations related to online behavioural advertising, confirming that Amazon's reliance on legitimate interests as a legal basis was not justified. The court also upheld the CNPD's finding that Amazon's information procedures did not comply with GDPR at the time of the decision. Amazon had already complied with the compliance order prior to the hearing. However, the court annulled the financial penalty, citing post-decision CJEU case law requiring a different analytical framework for assessing whether Amazon demonstrated negligence.
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GovPing monitors Luxembourg CNPD (EN) for new data privacy & cybersecurity regulatory changes. Every update since tracking began is archived, classified, and available as free RSS or email alerts — 2 changes logged to date.
What changed
The Administrative Court largely upheld the CNPD's 2021 compliance order, confirming that Amazon's online behavioural advertising reliance on legitimate interests under GDPR was not justified and that Amazon's information procedures were non-compliant at the time. Amazon's voluntary compliance before the hearing rendered the compliance-order proceedings moot. The financial penalty was annulled based on CJEU case law that developed after the CNPD's original decision, requiring a different standard for assessing negligence in the context of GDPR fines.
Affected organisations—particularly large online platforms and digital advertising operators—should review their reliance on legitimate interests as a legal basis for behavioural advertising against the standards applied in this case. The partial annulment of the fine on procedural grounds rather than substantive grounds leaves the CNPD's core analytical approach intact, signalling continued regulatory scrutiny of digital advertising practices under GDPR.
Archived snapshot
Apr 23, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
13/03/2026
• National
The National Commission for Data Protection (CNPD) takes note of the judgment delivered by the Administrative Court on 12 March 2026 in the case between Amazon Europe Core S.à r.l. (Amazon) and the CNPD concerning the decision taken by the latter in the summer of 2021 regarding Amazon.
In this decision, the CNPD issued a compliance order against Amazon for breaching several provisions of the GDPR in relation to its online behavioural advertising practices and imposed a fine in this regard.
The CNPD notes that the main regulatory action it had taken has borne fruit. Indeed, the Administrative Court has endorsed the CNPD’s approach almost in its entirety and, in particular, confirmed that Amazon’s reliance on legitimate interests as the legal basis for the processing operations in question was not justified. The Administrative Court also upheld the CNPD’s analysis that, at the time of its decision, the information procedures did not comply with the relevant provisions of the GDPR.
Finally, the Administrative Court noted that, prior to the date of the hearing in this case, Amazon had complied with the compliance order issued by the CNPD. It therefore concluded that the proceedings had become irrelevant in this respect.
As regards the fine, the Administrative Court annulled it on the basis of a development in the case law of the Court of Justice of the European Union that occurred after the CNPD’s decision. Thus, whilst upholding the core work of the CNPD, the judgment nevertheless establishes that the CNPD must analyse the imposition of a financial penalty in the light of this case law, particularly with regard to the question of whether Amazon demonstrated a certain degree of negligence in its practices.
The CNPD notes that its action has led to Amazon’s practices being brought into full compliance with the relevant provisions of the case regarding online behavioural advertising. Building on this progress, it will continue to handle the case in a way to ensure the efficient application of the GDPR.
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