Difference between a Level 1 and a Level 2 fine

Level 1 administrative fines up to 10 000 000 EUR, or in the case of an undertaking, up to 2 % of the total worldwide annual turnover of the preceding financial year, whichever is higher: for infringements of the following:

  • Article 8 - Conditions applicable to child's consent in relation to information society services
  • Article 11 - Processing which does not require identification
  • Articles 25 to 39 - Controller and processor - General obligations
  • Articles 42 and 43 - Certification

Level 2 administrative fines up to 20 000 000 EUR, or in the case of an undertaking, up to 4 % of the total worldwide annual turnover of the preceding financial year, whichever is higher: for infringements of the following:

  • the basic principles for processing, including conditions for consent, pursuant to Articles 5, 6, 7 and 9
  • the data subjects' rights pursuant to Articles 12 to 22
  • the transfers of personal data to a recipient in a third country or an international organisation pursuant to Articles 44 to 49;
  • any obligations pursuant to Member State law adopted under Chapter IX
  • non-compliance with an order or a temporary or definitive limitation on processing or the suspension of data flows by the supervisory authority pursuant to Article 58(2) or failure to provide access in violation of Article 58(1).

Non-compliance with an order by the supervisory authority as referred to in Article 58(2) shall, in accordance with paragraph 2 of this Article, be subject to administrative fines up to 20 000 000 EUR, or in the case of an undertaking, up to 4 % of the total worldwide annual turnover of the preceding financial year, whichever is higher.


The content herein is provided for your convenience and does not constitute legal advice.
Compliance Technology Solutions B.V. 2018

R
Russell is the author of this solution article.

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