In continuation to our last post (link here- https://worldprivacylaw.com/?p=854) we shall now deal with the remaining fines as imposed under article 83 of the GDPR and they are-
- Non-compliance with an order by the supervisory authority referred under article 58(2), be subject to administrative fine upto 20 000 000 EUR, or in case of an undertaking, up to 4% of the total worldwide annual turnover of the preceding financial year, whichever is higher.
- 83 (7) further states that the corrective powers of supervisory authorities under article 58(2), each member state may lay down the rules on whether and to what extent administrative fines may be imposed on public authorities and bodies established in that Member State.
- The exercise by the supervisory authority of its powers under article 83 must be subject to appropriate procedural safeguards in accordance with Union and the Member State law, including effective judicial remedy and due process.
- Where the legal system of the Member state does not provide for administrative fines, article 83 may be applied in such a manner that the fine is initiated by the competent supervisory authority and imposed by competent national courts, while ensuring that those legal remedies are effective and have an equivalent effect to the administration fines imposed by supervisory authorities.
In any event, the fines imposed shall be effective, proportionate and dissuasive. Those member states must notify to the commission the provisions of their laws which they adopt by 25th May 20218 and without delay, any subsequent amendment law or amendment affecting them.
Penalties (Art.84)
Article 84 of GDPR states that Member states must lay down the rules on other penalties applicable to infringement of GDPR particularly for infringements which are not subject to administrative fines pursuant to article 83 and must take all measures necessary to ensure that they are implemented. Such penalties must be effective, proportionate and dissuasive.
It further states that each member state must notify to the commission the provisions of its law which it adopts by 25th May 2018 and, without delay, any subsequent amendment affecting them.
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