Administrative fines shall be imposed in addition to, or instead of, corrective measures referred to in a supervisory authority's powers. When deciding whether to impose an
administrative fine and deciding on the amount of the administrative fine, in each individual case, due regard shall be given to the circumstances - examples include:
- the nature, gravity and duration of the infringement
- the intentional or negligent character of the infringement
- any action taken by the controller or processor to mitigate the damage suffered by data subjects
- any relevant previous infringements by the controller or processor
- the degree of cooperation with the supervisory authority
Level 1 administrative fines of 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.
Level 2 administrative fines of 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.
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Compliance Technology Solutions B.V. 2018