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Fines, penalties and sanctions

   The GDPR introduces sanctions and significant administrative fines.

Further effective, proportionate and dissuasive penalties, such as imprisonment, are to be introduced for other infringements. 

The supervisory authority may impose a sanction and/or administrative fine. In a case where a minor infringement has occurred and the likely administrative fine would impose a disproportionate burden on a natural person (such as a sole trader), a reprimand may be issued as an alternative.

Sanctions

Article 58 sets out the following sanctions:

Administrative fines

Article 84 details the administrative fines.

These are in two tiers:

Up to €20,000,000 or 4% of total annual worldwide turnover of the preceding financial year(in the case of a group) whichever is the higher 

For non- compliance with any order made by the supervisory authority or infringements of

Up to €10,000,000 or 2% of total annual worldwide turnover of the preceding financial year(in the case of a group) whichever is the higher 

For infringements of:

An appeal mechanism will be available against the imposition of sanctions and administrative fines by the supervisory authority.