MKB Juristen drafts custom legal documents
It is best not to cobble together or copy important contracts, terms and conditions, and other legal documents yourself. We help entrepreneurs on a budget with customized legal solutions, clear costs upfront, and practical explanations.
- Custom contracts, terms and conditions, and legal documents
- Budget-friendly and clear about the costs upfront
- Request a free consultation or a no-obligation quote
Anyone who violates the GDPR risks heavy fines. Until now, each national privacy supervisory authority determined the amount of these fines quite independently. European guidelines for the calculation of GDPR fines will bring more uniformity to this, ensuring that similar violations are punished more similarly across the EU.
Fines under the GDPR
The GDPR provides for substantial fines for violations, which can amount to a significant sum or percentage of global annual turnover. The supervisory authority — in the Netherlands, the Dutch Data Protection Authority — determines whether and how severely fines are imposed.
Towards more uniformity in the calculation
Until now, supervisory authorities were free to determine the amount of a fine within legal limits, which led to differences between countries. European guidelines, drawn up within the association of supervisory authorities (the European Data Protection Board), bring more uniformity to the way fines are calculated.
What is being looked at?
The calculation takes into account, among other things, the nature, seriousness, and duration of the violation, the number of parties involved, the degree of culpability, whether you had taken measures, and the turnover of the company. The better you can demonstrate that you acted with due care, the more favorable the outcome will be.
What does this mean for you?
The message remains the same: ensure that you comply with the GDPR and can demonstrate this. A solid legal basis, security measures, a processing register, and a data breach protocol not only reduce the risk of a violation but also work favorably if an assessment does occur.
Frequently Asked Questions
How high can a GDPR fine be?
Fines can amount to a substantial sum or percentage of global annual turnover, depending on the violation.
What changes to the fine calculation?
European guidelines bring more uniformity to the way supervisors calculate fines, so that similar infringements are punished more similarly.
How do I reduce my risk?
By demonstrably complying with the GDPR: legal basis, security, a processing register, and a data breach protocol.
Is your GDPR compliance in order?
Our legal experts conduct a privacy scan and bring your data processing operations into compliance. View our privacyteam or schedule a free consultation.
