Amendment LIBE #2874

Article 79 – Paragraph 3

3. In case of a first and non-intentional non- compliance with this Regulation, a warning in writing may be given and no sanction imposed, where: (a) a natural person is processing personal data without a commercial interest; or (b) an enterprise or an organisation employing fewer than 250 persons is processing personal data only as an activity ancillary to its main activities. and if there is no data subject affected the supervisory authority shall find an agreement with the controller or processor concerned to resolve the non- compliance with this Regulation without a written warning or imposing a sanction. In case of a serious non-compliance with this Regulation, the supervisory authority should give at first a written warning including supposed measures to resolve the data breaches within a reasonable time without imposing a sanction. The supervisory authority may only impose a fine with regard to paragraph 2 of up to EUR 1 000 000 or, in the case of a company, of up to 2 % of its annual worldwide turnover, for not resolving the data breaches with measures given in a written warning or for repeated, deliberate breaches.

Current Data Privacy Rating is : weaker    Axel Voss Germany EPP

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