Overview

This article empowers supervisory authorities to impose administrative fines that are effective, proportionate, and dissuasive for GDPR infringements. Fines can reach up to €20 million or 4% of annual global turnover for severe violations. Authorities must consider factors such as the nature and gravity of the infringement, intent, mitigation efforts, and the impact on data subjects, while ensuring procedural safeguards, judicial remedies, and due process.


Key Principles

  • Proportionality: Fines are scaled according to the severity of the infringement.

  • Deterrence: Sanctions must discourage non-compliance.

  • Consideration Factors: Nature of infringement, intent, mitigation measures, and data subject impact.

  • Due Process: Fines are imposed with procedural safeguards and access to judicial remedies.

  • Transparency and Accountability: Fines are documented and justified to ensure fairness.

Organizational Applicability

This article applies to:

  • Supervisory authorities imposing administrative fines under GDPR.

  • Controllers and processors subject to fines for non-compliance.

  • Legal and compliance teams managing risk, enforcement, and dispute resolution.

  • Public and private sector organizations processing EU/EEA personal data.

Implementation Requirements

  • Assess the severity and nature of the GDPR infringement.

  • Consider mitigation measures, prior compliance efforts, and data subject impact.

  • Impose fines within the limits of €20 million or 4% of global annual turnover for severe violations.

  • Ensure procedural safeguards and provide judicial remedy options for contested fines.

  • Document the decision-making process and rationale for fines.

Implementation Guidance

  • Maintain clear internal guidelines for evaluating infringements and calculating fines.

  • Train staff on fine assessment criteria, due process, and judicial review requirements.

  • Establish communication channels for notifying fined entities and handling appeals.

  • Periodically review fine policies and procedures to ensure consistency, fairness, and compliance with GDPR.

Periodic Review

  • Frequency: Annually or when new enforcement cases or regulations arise.

  • Responsible Role: Supervisory authority leadership, Compliance Team, or Legal.

  • Outcome: Ensure administrative fines are imposed fairly, proportionately, and in accordance with GDPR.

Non-Compliance Risks

  • Fines: Up to €20 million or 4% of global annual turnover for non-compliance.

  • Legal Exposure: Appeals or judicial challenges to fines imposed.

  • Reputational Damage: Loss of trust in regulatory fairness and enforcement effectiveness.

  • Operational Risk: Ineffective fine management may weaken deterrence and compliance efforts.