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Article 84 GDPR

From GDPRhub
Article 84 - Penalties
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Chapter 10: Delegated and implementing acts

Legal Text


Article 84 - Penalties


1. Member States shall lay down the rules on other penalties applicable to infringements of this Regulation in particular for infringements which are not subject to administrative fines pursuant to Article 83, and shall take all measures necessary to ensure that they are implemented. Such penalties shall be effective, proportionate and dissuasive.

2. Each Member State shall notify to the Commission the provisions of its law which it adopts pursuant to paragraph 1, by 25 May 2018 and, without delay, any subsequent amendment affecting them.

Relevant Recitals

Recital 149: Criminal Penalties

Member States should be able to lay down the rules on criminal penalties for infringements of this Regulation, including for infringements of national rules adopted pursuant to and within the limits of this Regulation. Those criminal penalties may also allow for the deprivation of the profits obtained through infringements of this Regulation. However, the imposition of criminal penalties for infringements of such national rules and of administrative penalties should not lead to a breach of the principle of ne bis in idem, as interpreted by the Court of Justice.

Recital 151: Denmark and Estonia

The legal systems of Denmark and Estonia do not allow for administrative fines as set out in this Regulation. The rules on administrative fines may be applied in such a manner that in Denmark the fine is imposed by competent national courts as a criminal penalty and in Estonia the fine is imposed by the supervisory authority in the framework of a misdemeanour procedure, provided that such an application of the rules in those Member States has an equivalent effect to administrative fines imposed by supervisory authorities. Therefore the competent national courts should take into account the recommendation by the supervisory authority initiating the fine. In any event, the fines imposed should be effective, proportionate and dissuasive.

Recital 152: Effective, Proportionate, and Dissuasive Penalties

Where this Regulation does not harmonise administrative penalties or where necessary in other cases, for example in cases of serious infringements of this Regulation, Member States should implement a system which provides for effective, proportionate and dissuasive penalties. The nature of such penalties, criminal or administrative, should be determined by Member State law.

Commentary

Missing penalties in Article 83

Certain violations of the GDPR are not listed in the catalogue of penalties in Article 83 GDPR. National legislators may add provisions to fill these gaps.

For example: § 62 of the Austrian Data Protection Act (Datenschutzgesetz - DSG) sets a penalty of 50,000 EUR for example for (1) illegal access to personal data or keeping such an access open, (2) a violation of the principle of purpose limitation or (3) a violation of the Austrian CCTV rules in the act.

Further criminal penalties

Many illegal processing activities under GDPR may give rise to violations of national criminal laws that are specific to data processing or have broader application (e.g. laws on cybersecurity, fraud and alike).

Decisions

→ You can find all related decisions in Category:Article 84 GDPR

References