Imposing Administrative Pecuniary Sanctions under the GDPR

Journal article

1 online resource (page 1197–1201)

Headnotes by the Editorial Office 1. Article 83 of the General Data Protection Regulation 2016/679 (GDPR) provides for and regulates the general conditions for imposing administrative pecuniary sanctions. It lays down a preliminary rule that needs to be adapted to the individual case to ensure that the respective sanctions are effective, proportionate and dissuasive. 2. In terms of Art. 83 of the GDPR, the reference to the proportional sanction is not intended to mitigate the statutory limit established by the ordinary variable sanction, but represents a further and distinct statutory limit, to which it is necessary to refer only if it is higher than the maximum of the sanction. 3. The judge, even in disputes concerning personal data, may annul all or part of the order or modify it also with respect to the amount of the sanction, which cannot in any event be lower than the minimum statutory limit.

Crossref

GRUR International ; 73, 12, 2024, 2632-8550.

[Oxford, England] : Oxford University Press (OUP), 2024.

English

https://academic.oup.com/grurint/article/72/3/231/6998505

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