Amendment LIBE #2900

Article 79 – Paragraph 5

5. The supervisory authority shallmay impose a fine up to 500 000 EUR, or in case of an enterprise up to 1 % of its annual worldwide turnover, to anyone who, intentionally or negligently: (a) does not provide the information, or does provide incomplete information, or does not provide the information in a sufficiently transparent manner, to the data subject pursuant to Article 11, Article 12(3) and Article 14; (b) does not provide access for the data subject or does not rectify personal data pursuant to Articles 15 and 16 or does not communicate the relevant information to a recipient pursuant to Article 13; (c) does not comply with the right to be forgotten or to erasure, or fails to put mechanisms in place to ensure that the time limits are observed or does not take all necessary steps to inform third parties that a data subjects requests to erase any links to or has not provided a mechanism pursuant Article 17a. When determining a fine for a violation as referred to in this section, the supervisory authority shall take into account the extent to which the controller, or copy or replication of the personal data pursuant Article 17; (d) does not provide a copy the main establishment as referred to in article 22(4), has put in place mechanisms for ensuring that the time limits with respect to the retention of the personal data in electronic format or are observed; (d) hinders the data subject to transmit the personal datahis user- generated content to another application in violation of Article 18; (e) does not or not sufficiently determine the respective responsibilities with co- controllers pursuant to Article 24; (f) does not or not sufficiently maintain the documentation pursuant to Article 28, Article 31(4), and Article 44(3); (g) does not comply, in cases where special categories of data are not involved, pursuant to Articles 80, 82 and 83 with rules in relation to freedom of expression or with rules on the processing in the employment context or with the conditions for processing for historical, statistical and scientific research purposes.

Current Data Privacy Rating is : weaker    Wim van de Camp Netherlands EPP

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