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A GDPR fine from the Dutch Data Protection Authority can amount to up to 20 million euros or 4% of global annual turnover — but sometimes it pays to litigate: a fine of 725,000 euros was ultimately reduced by 93% to 50,000 euros. The case shows how important GDPR compliance is and that contesting a fine can significantly limit financial damage. Below you can read what happened and what this means for you.
Strict sanctions for GDPR violations
The Dutch Data Protection Authority (AP) enforces the GDPR and can impose sanctions for violations, ranging from a reprimand to fines of up to 20 million euros or 4% of global annual turnover. These strict measures underscore the importance of GDPR compliance for every organization.
A remarkable case: fine reduced by 93%
In December 2019, a company was fined 725,000 euros for using fingerprint scans for time registration in the workplace — a fine that we also reported on. That fine was ultimately reduced by 93%, to “only” 50,000 euros. That reduction was partly due to the financial impact of the coronavirus crisis on the company.
Sometimes it pays to litigate against the AP
The case demonstrates two things. On the one hand, the importance of GDPR compliance. On the other hand, that it sometimes pays to litigate a decision by the Dutch Data Protection Authority (AP), especially if the fine has a major impact on your business operations. A lawyer can assess the specific circumstances, lodge an appeal, and thereby limit the financial and operational consequences.
Frequently Asked Questions
How high can a GDPR fine be?
A maximum of 20 million euros or 4% of global annual turnover, depending on the infringement. The DPA takes into account the circumstances, including financial capacity.
Can I contest an AP fine?
Yes. You can object and lodge an appeal. As this case shows, that can significantly reduce the fine, especially in exceptional circumstances.
May I use fingerprints for time registration?
Biometric data are special personal data subject to strict requirements. Their use is only permitted under strict conditions; have this legally reviewed in advance.
Does the AP take my financial situation into account?
Yes, financial capacity can play a role in the amount or reduction of the fine, as in this case due to the coronavirus crisis.
Receive or avoid an AP fine?
We review AP fine decisions and assist you in legal proceedings. Still unsure? Then opt for 30 minutes of legal advice. We also help you with GDPR-compliant documents and a review to help you avoid fines.
View our expertise in privacy and data protection or schedule a no-obligation consultation.
