The General Data Protection Regulation (GDPR) is a European Union (EU) law that regulates the processing and protection of personal data for all individuals within the European Economic Area (EEA). It ensures that individuals have control over their personal data and sets out strict rules for organizations handling such data.
GDPR Violation Penalties
According to Article 83 of the GDPR, national authorities can impose administrative fines for specific data protection violations. The severity level of the fine depends on factors such as:
- Intentional infringement: The level of intent behind the violation
- Failure to mitigate damage: The extent to which the organization took measures to minimize harm caused to individuals
- Lack of cooperation: The degree of cooperation with authorities during an investigation
- Nature, gravity, and duration of the infringement
Fines can be imposed at two levels:
- Severe violations: Up to €20 million or 4% of the organization’s total annual worldwide turnover (whichever is greater)
- Lower-level violations: Up to €10 million or 2% of the organization’s total annual worldwide turnover (whichever is greater)
Additionally, authorities may also impose other penalties, such as:
- Reprimands
- Temporary or definitive bans on processing personal data
- Suspension of activities
When determining the appropriate penalty, authorities will consider the specific circumstances of the case, including the nature and severity of the infringement, as well as any mitigating factors, such as the organization’s cooperation and efforts to rectify the situation.