Data Protection Authorities (DPAs) consider the criteria under Article 83 of the General Data Protection Regulation when deciding whether to impose monetary penalties and the amount. Over the last four years, different DPAs have given the criteria different weighting in their enforcement proceedings, resulting in considerable variance in fining policies and practices. The Future of Privacy Forum has published an overview of the only comprehensive fining methodologies published by EU DPAs (Dutch, Danish, and Latvian), along with the ICO's draft Statutory guidance issued in 2020. The analysis will show how the ICO's approach is likely to continue to differ from that of EU DPAs and the EDPB.
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