Amendment LIBE #2859

Article 79 – Paragraph 2

2. The administrative sanction shall be in each individual case effective, proportionate and dissuasive. The amount of the administrative fine shall be fixed with due regard to the nature, gravity and duration of the breach, the sensitivity of the personal data at issue, the intentional or negligent character of the infringement, the degree of harm or risk of significant harm created by the violation, the degree of responsibility of the natural or legal person and of previous breaches by this person, the technical and organisational measures and procedures implemented pursuant to Article 23 and the degree of co-operation with the supervisory authority in order to remedy the breach. While some discretion is granted in the imposition of such sanctions to take into account the circumstances outlined above and other facts specific to the situation, divergences in the application of administrative sanctions may be subject to review pursuant to the consistency mechanism.

Current Data Privacy Rating is : weaker    Adina-Ioana Vălean Romania ALDE    Jens Rohde Denmark ALDE


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