Introduction to GDPR sanctions:
The General Data Protection Regulation (GDPR) provides for various sanctions for violations of data protection rules. These sanctions are intended to ensure that companies and organizations take the regulation seriously and take the necessary measures to ensure data protection. The sanctions range from warnings and instructions to significant fines. Here are the different types of sanctions explained in detail:
1. Warnings and notices (Article 58 paragraph 2 letter a GDPR):
- Warning: The supervisory authority may issue a warning to the controller or processor if the planned processing activity is likely to violate the GDPR.
- Notes: The supervisory authority may provide advice and recommendations on how to improve data protection practices in order to avoid future violations.
2. Instructions and requirements (Article 58 paragraph 2 letters cf GDPR):
- Instructions on adapting processing: The supervisory authority may order the controller or processor to adapt processing operations to the provisions of the GDPR, including the rectification, erasure or restriction of processing of personal data.
- Information obligations: The supervisory authority may instruct the controller or processor to notify the data subjects of a data breach.
- Data access: The supervisory authority may restrict or prohibit access to personal data.
- Restriction or suspension of data processing: The supervisory authority may temporarily or permanently restrict or suspend the processing of personal data.
3. Fines (Article 83 GDPR):
The GDPR provides for significant fines for violations, which can vary depending on the type of violation. There are two categories of fines:
- Category 1: For less serious infringements, fines of up to EUR 10 million or up to 2% of the total worldwide annual turnover of the previous financial year, whichever is higher, may be imposed. Examples of such infringements include:
- Violation of the obligations of the controller and the processor under Articles 8, 11, 25 to 39 and 42 to 43 GDPR.
- Violation of the certification body’s obligations under Articles 42 and 43 GDPR.
- Violation of the supervisory authority’s obligations under Article 41(4) GDPR.
- Category 2: For more serious infringements, fines of up to EUR 20 million or up to 4% of the total worldwide annual turnover of the previous financial year, whichever is higher, may be imposed. Examples of such infringements include:
- Violation of the principles of processing, including the conditions for consent, pursuant to Articles 5, 6, 7 and 9 of the GDPR.
- Violation of the rights of data subjects pursuant to Articles 12 to 22 GDPR.
- Violation of the obligations related to the transfer of personal data to third countries or international organizations pursuant to Articles 44 to 49 GDPR.
- Failure to comply with an instruction or temporary or definitive restriction on processing or suspension of data flows by the supervisory authority pursuant to Article 58(2) GDPR.
4. Other measures and sanctions:
- Suspension of data processing: The supervisory authority may temporarily or permanently suspend data processing if the processing constitutes a violation of the GDPR.
- Instructions on data deletion: The supervisory authority can order that personal data be deleted if the processing of the data violates the GDPR.
- Withdrawal of certification: A certification under the GDPR can be withdrawn if it is determined that the requirements for certification are no longer met.
Relevant articles of the GDPR:
- Article 58: Powers of the supervisory authority
- Article 83: General conditions for imposing fines
- Article 84: Sanctions
Examples of the application of sanctions:
- Facebook and Cambridge Analytica: In the wake of the data protection scandal surrounding Facebook and Cambridge Analytica, various supervisory authorities imposed fines on Facebook for inadequate protection measures for personal data.
- Google: The French data protection authority CNIL imposed a fine of 50 million euros on Google for violating transparency obligations and consent conditions.
- British Airways: The UK data protection authority ICO imposed a fine of £20 million on British Airways for inadequate security measures that led to a data leak.
Summary:
The GDPR provides a wide range of sanctions for breaches of data protection rules, ranging from warnings and instructions to significant fines. These sanctions are designed to ensure that companies and organizations take data protection requirements seriously and take the necessary measures to protect personal data. Compliance with the GDPR is crucial to avoid heavy fines and other sanctions and to maintain the trust of data subjects.
