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The facts are not disputable, as they are contained in the plain text of GDPR for everyone to see. The legislation allows for fines of up to 4% of global reven
by downandout 7y ago
The facts are not disputable, as they are contained in the plain text of GDPR for everyone to see. The legislation allows for fines of up to 4% of global revenues, or €20 million, whichever is greater. So the “Googles” of the world face fines of no more than 4% of a single year of revenue. Small businesses face potential fines that could be 100,000% (or more) of their annual revenue, because most businesses make far less than €20 million annually.
That seems like the very definition of disproportionate to me.
- NeedMoreTea 7y agoEU law requires that all fines and penalties be proportionate. Fining a small business 100,000% of their annual revenue is clearly not proportionate. It's groundless FUD. The proportionality is not in GDPR or any individual law, but set out in the framework treaty under which all EU laws function.
- deleted 7y ago[deleted]
- deleted 7y ago[deleted]
- seanhunter 7y agoThat's the maximum fine. The fine that would be levied in a particular case would be dependent on the circumstances of the case. > Due regard should however be given to the nature, gravity and duration of the infringement, the intentional character of the infringement, actions taken to mitigate the damage suffered, degree of responsibility or any relevant previous infringements, the manner in which the infringement became known to the supervisory authority, compliance with measures ordered against the controller or processor, adherence to a code of conduct and any other aggravating or mitigating factor. The imposition of penalties including administrative fines should be subject to appropriate procedural safeguards in accordance with the general principles of Union law and the Charter, including effective judicial protection and due process.