Sovy recognised by KuppingerCole Independent Analysts More Info
  • Home
  • |
  • Log In
  • |
  • Contact
Sovy
  • Products
    • Data Privacy Essentials℠
    • myConsentChoice CMP
    • Outsourced DPO
    • Compliance Spot Check
    • All Products
    • Free GDPR Scan
    • Free GDPR Readiness Survey
  • Sovy Academy℠
    • Introduction to GDPR
    • Introduction to GDPR for Recruitment
    • GDPR for Managers
    • GDPR for DPOs
    • GDPR for IT Professionals
    • Introduction to Cybersecurity
  • Resources
    • Free GDPR Scan
    • Free GDPR Readiness Survey
    • Knowledge Portal
    • Data Privacy Blog
  • Pricing
    • Data Privacy Essentials
    • myConsentChoice CMP
  • About Sovy
    • Mission
    • Team
    • Investor Relations
    • Partnerships
    • Contact Us
  • Products
    • Data Privacy Essentials℠
    • myConsentChoice CMP
    • Outsourced DPO
    • Compliance Spot Check
    • All Products
    • Free GDPR Scan
    • Free GDPR Readiness Survey
  • Sovy Academy℠
    • Introduction to GDPR
    • Introduction to GDPR for Recruitment
    • GDPR for Managers
    • GDPR for DPOs
    • GDPR for IT Professionals
    • Introduction to Cybersecurity
  • Resources
    • Free GDPR Scan
    • Free GDPR Readiness Survey
    • Knowledge Portal
    • Data Privacy Blog
  • Pricing
    • Data Privacy Essentials
    • myConsentChoice CMP
  • About Sovy
    • Mission
    • Team
    • Investor Relations
    • Partnerships
    • Contact Us

Data Privacy Blog

June 29, 2022  |  By Sam

What are the GDPR fines for non-compliance and how to avoid them?

GDPR fines for non compliance

The most widely discussed aspect of the GDPR are the fines and penalties. We explain what are the GDPR fines for non-compliance and how to avoid them.

What is the maximum fine for gdpr non-compliance?

The GDPR imposes maximum fines of €20 million or 4% of annual worldwide turnover, whichever is higher. The organisation that will have to pay this amount is the one who fails to comply with the data protection principles. The GDPR principles are: transparency, fairness, accountability, data accuracy and minimisation.

Also, the DPAs will impose this fine to an organisation that violates the individual rights. The individual rights that must be remembered are: right to access, rectification, portability and erasure.

Finally, as an organisation you should take in consideration the transfers to 'third countries'. If you break the rules regarding the transfer of data to organisations outside the EEA and without an 'adequacy' designation by the EA the authorities will sanction you.

GDPR standard fines for non-compliance

There is also a standard maximum fine of €10 million or 2% of annual worldwide turnover, whichever is higher. If an organisation fails to gain proper consent of a child, establish a designated representative in EU or fails to adequately secure personal data they will have to pay the mentioned amount.

Similarly, an organisation will be sanctioned if it fails to implement data protection by design and default.

Processing Bans and Other Correctional Powers

Under the GDPR, Data Protection Authorities have powers to correct existing issues and prevent future non-compliance. They can issue warnings or reprimands. Also, the DPAs can order an organisation to bring their processing activities into compliance.

They also have the power to impose a ban on processing data or to order the rectification, restriction or erasure of data.

If an organisation transfers data to third countries, the DPAs can order the suspension of data flows.

How to avoid the fines?

Here are some tips that will help you to avoid GDPR penalties.

Firstly, make your team representative of the parts of your business that might handle, secure, or govern personal data. Secondly, you should do a data mapping by checking what type of personal data you are processing and how sensitive it is.

Thirdly, and very important, you should review your documentation. This means you make sure you have an externally facing privacy policy that meets the requirements set out in Articles 13 and 14. The GDPR requires to the authorities to disclose specific information and affected parties in the event of a data breach. Therefore, you should have templates and policies that describe the notification and breach response process.

In addition, you should fix any mismatches or gaps after reviewing your documentation.

Finally, you need to train employees who handle personal data. You should also educate management, particularly your data protection officer or equivalent point person, in GDPR requirements.

Will the maximum fines always be applied?

Data Protection Authorities do have the powers to apply the full fines in cases of non-compliance. They will impose it only in the most serious of cases.

DPAs should issue fines based on the perceived impact to individuals, the scale of the issue and the organisation’s response to the issue. Fines should be effective, proportionate and dissuasive.

Whilst the penalties for non-compliance with the GDPR are intended to be an effective deterrent, businesses should focus on getting up to scratch with their compliance strategy and have effective processes in place should an audit or data breach occur. Read our post Is GDPR Is Good For Business? to find out how compliance can help your business grow.

Find out how the Sovy GDPR Privacy Essentials can help you or- Get in touch with us for more information.

Article by Sam

Previous StoryWhat are the benefits of the GDPR for your business?
Next StoryItalian DPA officially warns TikTok about the change of its privacy policy as being against the GDPR law

SEARCH

CATEGORIES

  • CCPA (1)
  • consent management (2)
  • CPRA (2)
  • Cybersecurity (2)
  • Data Privacy Fines (1)
  • Data Protection Officer (1)
  • Data security and privacy (5)
  • GDPR (67)
  • GDPR fines (7)
  • GDPR guidance (10)

TAG CLOUD

2020 cookie policy data breach data privacy data protection facial recognition fines GDPR tik tok

ARCHIVES

  • July 2023 (1)
  • June 2023 (2)
  • May 2023 (1)
  • April 2023 (2)
  • March 2023 (1)
  • February 2023 (1)
  • January 2023 (2)
  • December 2022 (1)
  • November 2022 (1)
  • October 2022 (1)
  • September 2022 (1)
  • August 2022 (1)
  • July 2022 (1)
  • June 2022 (3)
  • May 2022 (2)
  • April 2022 (1)
  • March 2022 (1)
  • February 2022 (1)
  • January 2022 (2)
  • December 2021 (1)
  • November 2021 (1)
  • September 2021 (1)
  • August 2021 (1)
  • July 2021 (2)
  • June 2021 (2)
  • May 2021 (2)
  • February 2021 (1)
  • January 2021 (1)
  • December 2020 (1)
  • November 2020 (4)
  • October 2020 (3)
  • September 2020 (1)
  • August 2020 (1)
  • July 2020 (2)
  • June 2020 (3)
  • May 2020 (2)
  • April 2020 (2)
  • February 2020 (1)
  • January 2020 (3)
  • December 2019 (3)
  • November 2019 (1)
  • July 2019 (3)
  • May 2019 (3)
  • March 2019 (2)
  • January 2019 (2)
  • December 2018 (3)
  • November 2018 (2)
  • September 2018 (1)
  • July 2018 (1)
  • June 2018 (1)

LATEST POSTS

  • wordpress cookie consent
    WordPress Cookie Consent: Become Compliant with myConsentChoice
  • outsourced dpo
    Outsourced DPO: Improving Business Data Protection
  • how do spear phishing attacks differ from standard phishing attacks
    How Do Spear Phishing Attacks Differ from Standard Phishing Attacks?
  • biggest gdpr fines
    Meta, Facebook’s Parent Company, Hit with Enormous €1.2 Billion Fine for EU Rule Violations: Among the Biggest GDPR Fines Ever Imposed
  • gdpr special category data
    GDPR Special Category Data: What It Is, How to Handle It, and Why It Matters

QUICK LINKS

  • About Us
  • Resources
  • Privacy Policy
  • Terms
  • Manage Consent
  • Contact Us

Sovy GDPR Privacy Essentials

  • Subscription Benefits
  • Pricing
  • Log in
  • GDPR for Small Businesses
  • GDPR for Enterprises
  • GDPR for Sole Traders
  • GDPR for Charities

SOVY LOCATIONS

Ireland HQ

Registered Office
Woods House
Cannon Street, Kells
Co. Meath, A82 RF86
Ph: +353 (4)6 929-3537

Trading Office
St Gall's House
St Gall Gardens South
Milltown, Dublin 14
D14 Y882

Brussels

Rond-Point Schuman 11
1040 Brussels
Belgium

London

Registered Office
Kemp House
152-160 City Road
London EC1V 2N

Trading Office
9-10 Staple Inn
2nd Floor
London WC1V 7QH

New York

NY Metropolitan Area
2037 Lemoine Ave
Suite 452,
Fort Lee, N.J. 07024, USA

ASSOCIATIONS

Copyright © 2023 Sovy Trust Solutions Limited. All Rights Reserved. Registered in Ireland, No. 610835 and No. 605069