- Art. 5Principles relating to processing of personal data
- Art. 6Lawfulness of processing
- Art. 7Conditions for consent
- Art. 8Conditions applicable to child's consent in relation to information society services
- Art. 9Processing of special categories of personal data
- Art. 10Processing of personal data relating to criminal convictions and offences
- Art. 11Processing which does not require identification
- Art. 12Transparent information, communication and modalities for the exercise of the rights of the data subject
- Art. 13Information to be provided where personal data are collected from the data subject
- Art. 14Information to be provided where personal data have not been obtained from the data subject
- Art. 15Right of access by the data subject
- Art. 16Right to rectification
- Art. 17Right to erasure ("right to be forgotten")
- Art. 18Right to restriction of processing
- Art. 19Notification obligation regarding rectification or erasure of personal data or restriction of processing
- Art. 20Right to data portability
- Art. 21Right to object
- Art. 22Automated individual decision-making, including profiling
- Art. 23Restrictions
- Art. 24Responsibility of the controller
- Art. 25Data protection by design and by default
- Art. 26Joint controllers
- Art. 27Representatives of controllers or processors not established in the Union
- Art. 28Processor
- Art. 29Processing under the authority of the controller or processor
- Art. 30Records of processing activities
- Art. 31Cooperation with the supervisory authority
- Art. 32Security of processing
- Art. 33Notification of a personal data breach to the supervisory authority
- Art. 34Communication of a personal data breach to the data subject
- Art. 35Data protection impact assessment
- Art. 36Prior consultation
- Art. 37Designation of the data protection officer
- Art. 38Position of the data protection officer
- Art. 39Tasks of the data protection officer
- Art. 40Codes of conduct
- Art. 41Monitoring of approved codes of conduct
- Art. 42Certification
- Art. 43Certification bodies
- Art. 44General principle for transfers
- Art. 45Transfers on the basis of an adequacy decision
- Art. 46Transfers subject to appropriate safeguards
- Art. 47Binding corporate rules
- Art. 48Transfers or disclosures not authorised by Union law
- Art. 49Derogations for specific situations
- Art. 50International cooperation for the protection of personal data
- Art. 51Supervisory authority
- Art. 52Independence
- Art. 53General conditions for the members of the supervisory authority
- Art. 54Rules on the establishment of the supervisory authority
- Art. 55Competence
- Art. 56Competence of the lead supervisory authority
- Art. 57Tasks
- Art. 58Powers
- Art. 59Activity reports
- Art. 60Cooperation between the lead supervisory authority and the other supervisory authorities concerned
- Art. 61Mutual assistance
- Art. 62Joint operations of supervisory authorities
- Art. 63Consistency mechanism
- Art. 64Opinion of the Board
- Art. 65Dispute resolution by the Board
- Art. 66Urgency procedure
- Art. 67Exchange of information
- Art. 68European Data Protection Board
- Art. 69Independence
- Art. 70Tasks of the Board
- Art. 71Reports
- Art. 72Procedure
- Art. 73Chair
- Art. 74Tasks of the Chair
- Art. 75Secretariat
- Art. 76Confidentiality
- Art. 77Right to lodge a complaint with a supervisory authority
- Art. 78Right to an effective judicial remedy against a supervisory authority
- Art. 79Right to an effective judicial remedy against a controller or processor
- Art. 80Representation of data subjects
- Art. 81Suspension of proceedings
- Art. 82Right to compensation and liability
- Art. 83General conditions for imposing administrative fines
- Art. 84Penalties
- Art. 85Processing and freedom of expression and information
- Art. 86Processing and public access to official documents
- Art. 87Processing of the national identification number
- Art. 88Processing in the context of employment
- Art. 89Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes
- Art. 90Obligations of secrecy
- Art. 91Existing data protection rules of churches and religious associations
GDPR Chapter 8 - Art. 83
General conditions for imposing administrative fines
- Each supervisory authority shall ensure that the imposition of administrative fines pursuant to this Article in respect of infringements of this Regulation referred to in paragraphs 4, 5 and 6 shall in each individual case be effective, proportionate and dissuasive.
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1Administrative fines shall, depending on the circumstances of each individual case, be imposed in addition to, or instead of, measures referred to in points (a) to (h) and (j) of Article 58(2). 2When deciding whether to impose an administrative fine and deciding on the amount of the administrative fine in each individual case due regard shall be given to the following:
- the nature, gravity and duration of the infringement taking into account the nature scope or purpose of the processing concerned as well as the number of data subjects affected and the level of damage suffered by them;
- the intentional or negligent character of the infringement;
- any action taken by the controller or processor to mitigate the damage suffered by data subjects;
- the degree of responsibility of the controller or processor taking into account technical and organisational measures implemented by them pursuant to Articles 25 and 32;
- any relevant previous infringements by the controller or processor;
- the degree of cooperation with the supervisory authority, in order to remedy the infringement and mitigate the possible adverse effects of the infringement;
- the categories of personal data affected by the infringement;
- the manner in which the infringement became known to the supervisory authority, in particular whether, and if so to what extent, the controller or processor notified the infringement;
- where measures referred to in Article 58(2) have previously been ordered against the controller or processor concerned with regard to the same subject-matter, compliance with those measures;
- adherence to approved codes of conduct pursuant to Article 40 or approved certification mechanisms pursuant to Article 42; and
- any other aggravating or mitigating factor applicable to the circumstances of the case, such as financial benefits gained, or losses avoided, directly or indirectly, from the infringement.
- If a controller or processor intentionally or negligently, for the same or linked processing operations, infringes several provisions of this Regulation, the total amount of the administrative fine shall not exceed the amount specified for the gravest infringement.
- Infringements of the following provisions shall, in accordance with paragraph 2, be subject to administrative fines up to 10 000 000 EUR, or in the case of an undertaking, up to 2 % of the total worldwide annual turnover of the preceding financial year, whichever is higher:
- the obligations of the controller and the processor pursuant to Articles 8, 11, 25 to 39 and 42 and 43;
- the obligations of the certification body pursuant to Articles 42 and 43;
- the obligations of the monitoring body pursuant to Article 41(4).
- Infringements of the following provisions shall, in accordance with paragraph 2, be subject to administrative fines up to 20 000 000 EUR, or in the case of an undertaking, up to 4 % of the total worldwide annual turnover of the preceding financial year, whichever is higher:
- the basic principles for processing, including conditions for consent, pursuant to Articles 5, 6, 7 and 9;
- the data subjects’ rights pursuant to Articles 12 to 22;
- the transfers of personal data to a recipient in a third country or an international organisation pursuant to Articles 44 to 49;
- any obligations pursuant to Member State law adopted under Chapter IX;
- non-compliance with an order or a temporary or definitive limitation on processing or the suspension of data flows by the supervisory authority pursuant to Article 58(2) or failure to provide access in violation of Article 58(1).
- Non-compliance with an order by the supervisory authority as referred to in Article 58(2) shall, in accordance with paragraph 2 of this Article, be subject to administrative fines up to 20 000 000 EUR, or in the case of an undertaking, up to 4 % of the total worldwide annual turnover of the preceding financial year, whichever is higher.
- Without prejudice to the corrective powers of supervisory authorities pursuant to Article 58(2), each Member State may lay down the rules on whether and to what extent administrative fines may be imposed on public authorities and bodies established in that Member State.
- The exercise by the supervisory authority of its powers under this Article shall be subject to appropriate procedural safeguards in accordance with Union and Member State law, including effective judicial remedy and due process.
- 1Where the legal system of the Member State does not provide for administrative fines, this Article may be applied in such a manner that the fine is initiated by the competent supervisory authority and imposed by competent national courts, while ensuring that those legal remedies are effective and have an equivalent effect to the administrative fines imposed by supervisory authorities. 2In any event, the fines imposed shall be effective, proportionate and dissuasive. 3Those Member States shall notify to the Commission the provisions of their laws which they adopt pursuant to this paragraph by 25 May 2018 and, without delay, any subsequent amendment law or amendment affecting them.
Related Recitals
(148) appropriate measures and penalties, reprimand and disproportionate burden, fines(149) infringements of national rules, criminal sanctions
(150) criteria for establishing administrative fines, harmonisation of administrative penalties, administrative fines imposed on persons
(151) adaptation of administrative fines, Denmark and Estonia
(152) serious infringements, sanctions, harmonisation
