What You Should Know about the EDPB’s Guidelines on Calculation of Administrative Fines under the GDPR

Per the guidelines, the starting point for GDPR infringements will be based on factors such as the seriousness of the violation, the company's turnover, the severity of the violation, and whether the offender is a repeat offender. This approach ensures the fines are both effective and proportional. Additionally, these guidelines allow for the harmonization of fine calculations by various supervisory authorities across the EU by establishing clear parameters on what factors should be considered and their influence over the fine amounts.

While the guidelines provide a standardized approach to calculating fines, the supervisory authorities retain a degree of discretion, particularly in instances where national laws may also influence the eventual fine amounts. This allows for adjustments on the basis uniqueness of each case and jurisdictional requirements while also ensuring the fine's effectiveness, proportionality, and dissuassiveness as required per the guidelines.

The EDPB's guidelines were developed on the basis of an inclusive approach where feedback from public consultation was duly incorporated into the final version of the guidelines. The stakeholders that contributed with their feedback include legal professionals, public authorities, corporations, and members of the public. All their input is reflected in the final version, addressing practical concerns and issues related to applicability and clarity as raised in the consultation phase.