Amendment LIBE #2940

Article 79 – Paragraph 6+

6a. A fine for violations referred to in paragraph 6 can only be imposed for a particular processing of personal data. When determining a fine for a violation as referred to in this paragraph, the supervisory authority shall take into account the following facts and circumstances: (a) the extent to which the controller, or the main establishment as referred to in Article 22(4), has adopted internal policies and has implemented the measures referred to in Articles 22, 23 and 30 with respect to such processing; (b) the fact whether or not the controller, or the main establishment as referred to in Article 22(4), has designated a data protection officer pursuant to Article 35; (c) the extent to which the controller has allowed the data protection officer, if any, to perform his tasks as referred to in Article 37 with respect to such processing; (d) the extent to which the data protection officer, if any, was involved in the decision making with respect to such processing or in the implementation thereof; (e) the fact whether or not the controller has performed a privacy impact assessment with respect to such processing; (f) the fact whether or not the controller, where relevant, has complied with Article 26; and (g) the extent to which the controller has instructed the processor, if any, pursuant to Article 27.

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


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