New Fine Model Published

Author:Ms Franziska Ladiges and Stefan Peintinger
Profession:SKW Schwarz
 
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Following a number of rumors, it is now official: fines for data protection infringements will be imposed according to a uniform procedure in the future. This is intended to guarantee a comprehensible, transparent, and case-by-case approach of setting fines.

On October 14, 2019, the Conference of Independent Federal and State Data Protection Supervisors published the new model. Accordingly, fines will be assessed in five steps in the future:

assignment of the company to a size class determination of average annual sales of the respective subgroup of the size class determination of the basic economic value multiplication of the basic value by a factor dependent on the severity of the infringement adjustment of the value determined under step 4 on the basis of aggravating or mitigating circumstances. In the future, fines will therefore be assessed in a precise and, above all, comprehensible manner. At the same time, however, as outlined in our previous article, fines will increase significantly. Even for slight infringements, the daily rate is multiplied by a factor between 1 and 4. As an example, with annual sales of EUR 9 billion, a fine between EUR 25 million and EUR 100 million would be due. As a consequence, in the event of data protection infringements, a company may have to set up provisions and/or notify...

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