Amendment LIBE #2866

Article 79 – Paragraph 2

2. The2. An administrative sanction shall be in eachevery individual case effective, proportionate and dissuasive. The amount In deciding on the nature, scope and seriousness of the administrative fine shall be fixed with due sanction to apply the supervisory authority shall have regard to the all the circumstances and, in particular: (a) the nature, gravity and duration of the breach, the intentional or negligent character of the infringement, 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 ; (b) whether the breach was deliberate; (c) whether reasonable steps were taken to prevent it; (d) whether the breach did or is likely to cause substantial harm or substantial prejudice to the fundamental rights and freedoms of a data subject, or substantial distress to a data subject; (e) any steps taken to mitigate the consequences of a breach, including the degree of co-operationcooperation with the supervisory authority in order to remedy the breach. or its consequences; (f) any previous breaches.

Current Data Privacy Rating is : weaker    Baroness Sarah Ludford United Kingdom ALDE

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