Amendment LIBE #2868

Article 79 – Paragraph 2+

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.

Current Data Privacy Rating is : weaker    Dimitrios Droutsas Greece S&D


comments powered by Disqus