Addition after Chapter VIII, Article 79, Paragraph 2

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Amendments

imco Amendment #

2 a. Aggravating factors that support administrative fines at the upper limits established in paragraphs 4 to 6 shall include in particular: (i) repeated violations committed in reckless disregard of applicable law; (ii) refusal to co-operate with or obstruction of an enforcement process; (iii) violations that are deliberate, serious and likely to cause substantial damage; (iv) a data protection impact assessment has not been undertaken; (v) a data protection officer has not been appointed.
Malcolm Harbour uk ECR

imco Amendment #

2 b. Mitigating factors which support administrative fines at the lower limits established in paragraphs 4 to 6 shall include: (i) measures having been taken by the natural or legal person to ensure compliance with relevant obligations; (ii) genuine uncertainty as to whether the activity constituted a violation of the relevant obligations; (iii) immediate termination of the violation upon knowledge; (iv) co-operation with any enforcement processes; (v) a data protection impact assessment has been undertaken; (vi) a data protection officer has been appointed.
Malcolm Harbour uk ECR

juri Amendment #

2a. Aggravating factors that support administrative fines at the upper limits established in paragraphs 4 to 6 shall include in particular: (i) repeated violations committed in reckless disregard of applicable law; (ii) refusal to co-operate with or obstruction of an enforcement process; (iii) violations that are deliberate, serious and likely to cause substantial damage; (iv) a data protection impact assessment has not been undertaken; (v) a data protection officer has not been appointed.
Sajjad Karim uk ECR

juri Amendment #

2b. Mitigating factors which support administrative fines at the lower limits established in paragraphs 4 to 6 shall include: (i) measures having been taken by the natural or legal person to ensure compliance with relevant obligations; (ii) genuine uncertainty as to whether the activity constituted a violation of the relevant obligations; (iii) immediate termination of the violation upon knowledge; (iv) co-operation with any enforcement processes; (v) a data protection impact assessment has been undertaken; (vi) a data protection officer has been appointed.
Sajjad Karim uk ECR

itre Amendment #

(2a) Aggravating factors that support administrative fines at the upper limits established in paragraphs 4 to 6 shall include in particular: (i) repeated violations committed in reckless disregard of applicable law; (ii) refusal to co-operate with or obstruction of an enforcement process; (iii) violations that are deliberate, serious and likely to cause substantial damage; (iv) a data protection impact assessment has not been undertaken; (v) a data protection officer has not been appointed.
Giles Chichester uk ECR

itre Amendment #

(2b) Mitigating factors which support administrative fines at the lower limits established in paragraphs 4 to 6 shall include: (i) measures having been taken by the natural or legal person to ensure compliance with relevant obligations; (ii) genuine uncertainty as to whether the activity constituted a violation of the relevant obligations; (iii) immediate termination of the violation upon knowledge; (iv) co-operation with any enforcement processes; (v) a data protection impact assessment has been undertaken; (vi) a data protection officer has been appointed.
Giles Chichester uk ECR

itre Amendment #

(2a) Aggravating factors that support administrative fines at the upper limits established in paragraphs 4 to 6 shall include in particular: (i) repeated violations committed in reckless disregard of applicable law; (ii) refusal to co-operate with or obstruction of an enforcement process; (iii) violations that are deliberate, serious and likely to cause substantial damage; (iv) a data protection impact assessment has not been undertaken; (v) a data protection officer has not been appointed.
Giles Chichester uk ECR

itre Amendment #

(2b) Mitigating factors which support administrative fines at the lower limits established in paragraphs 4 to 6 shall include: (i) measures having been taken by the natural or legal person to ensure compliance with relevant obligations; (ii) genuine uncertainty as to whether the activity constituted a violation of the relevant obligations; (iii) immediate termination of the violation upon knowledge; (iv) co-operation with any enforcement processes; (v) a data protection impact assessment has been undertaken; (vi) a data protection officer has been appointed.
Giles Chichester uk ECR

libe Amendment #

2a. The administrative sanction shall take into account the following factors: (a) the nature, gravity and duration of the incompliance; (b) the procedures implemented in respect to the contexts of and risks represented by the data processing referred to under Articles 5a and 5b; (c) the degree of responsibility of the natural or legal person and of previous breaches by this person; (d) the degree of technical and organisational measures and procedures implemented pursuant to: (i) Article 23 - Data protection by design and by default; (ii) Article 23a - Compliance; (iii) Article 30 - Security of processing; (iv) Article 33 - Data protection impact assessment; (v) Article 33a - Data protection compliance review; (vi) Article 35 - Designation of the data protection officer; (e) the degree of co-operation with the supervisory authority.
Alexander Alvaro de ALDE

libe Amendment #

2a. In order to determine the type, the level and the amount of the administrative sanction, the supervisory authority shall take into account all relevant circumstances, with due regard to the following criteria: (a) the possession of a valid "European Data Protection Seal" pursuant to Article 39, by the controller or the processor; (b) the nature, gravity and duration of the infringement; (c) the intentional or negligent character of the infringement; (d) the degree of responsibility of the natural or legal person and of previous infringements by this person; (e) the technical and organisational measures and procedures implemented pursuant to Articles 23 and 30, such as pseudonymisation; (f) the specific categories of personal data affected by the infringement; (g) the repetitive nature of the infringement; (h) the degree of harm suffered by data subjects, (i) the pecuniary interest leading to the infringement by the person responsible and the level of the profits gained or losses avoided by the person responsible, insofar as they can be determined; (j) the degree of cooperation with the supervisory authority in order to remedy the infringement and mitigate the possible adverse effects of the infringement; and (k) the refusal to cooperate with or obstruction of inspections, audits and controls carried out by the supervisory authority pursuant to Article 53.
Dimitrios Droutsas gr S&D

Lobby Proposals

There are no lobby proposals to this part of the directive