Amendment LIBE #2864

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. In setting an administrative fine, supervisory authorities shall also take into account fines, damages or other penalties previously imposed by a court or other body on the natural or legal person in respect of the violation issue. Aggravating factors that support administrative fines at the upper limits established in paragraphs 4 to 6 shall include in particular: (a) repeated violations committed in reckless disregard of applicable law; (b) refusal to cooperate with or obstruction of an enforcement process; and (c) violations that are deliberate, serious and likely to cause substantial damage. Mitigating factors which support administrative fines at the lower limits shall include: (a) measures having been taken by the natural or legal person to ensure compliance with relevant obligations; (b) genuine uncertainty as to whether the activity constituted a violation of the relevant obligations; (c) immediate termination of the violation upon knowledge; and (d) cooperation with any enforcement processes.

Current Data Privacy Rating is : weaker    Louis Michel Belgium ALDE

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