The European Data Protection Board (EDPB) has adopted guidelines on calculating administrative fines, which aim to harmonise the process data protection authorities (DPAs) use to administer financial penalties EU General Data Protection Regulation (GDPR).
The guidelines address three different elements:
- The nature of the infringements,
- Infringement severity and seriousness,
- The turnover of a business.
In addition, the guidelines follow a 5-step methodology to account for the:
- Number of sanctionable instances,
- Fine calculation starting points,
- Other aggravating or mitigating factors,
- Legal maximums of fines,
- Effectiveness, dissuasiveness, and proportionality requirements.
A separate annex includes a reference table summarising the methodology and offers two practical application examples.
The guidelines are part of the EDPB's efforts to enhance cooperation among DPAs on cross-border cases.
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