Tag: GDPR implementation

Dutch DPA published update on policy on administrative fines

9. April 2019

The Dutch Data Protection Authority, Autoriteit Persoonsgegevens (Dutch DPA), announced an update on its policy regarding administrative fines.

In addition to the Dutch GDPR implementation law the published policy provides insides on how the Dutch DPA will use its fining powers. According to the policy the DPA differentiats three or four categories of infringements. Each infringement is fined with a basic fine and a specific penalty bandwidth.

The DPA calculates the fine in two steps. First the basic fine is applied, second the basic fine is increased or decreased according to the classification to the different categories. Various aspects are included in the calculation of the fine, such as:

  • the nature, the seriousness and duration of the violation,
  • the number of data subjects affected,
  • the extent of the damage and of the data compromised,
  • the intentional or negligent nature of the violation,
  • the measures adopted to mitigate the damages,
  • the measures that were implemented to ensure compliance with the GDPR, including information security measures,
  • prior violations,
  • the level of cooperation with the DPA,
  • the types of data involved,
  • how the DPA became aware of the violation, including whether (and if so, to what extent) the data controller or processor reported the violation,
  • adherence to approved codes of conduct an certification mechanisms,
  • any other applicable aggravating or mitigating factors.

The maximum amount in general is €1.000.000,00, but the fine can be higher in case the Dutch DPA decides that the calculated maximum amount is inappropriate in the particular case.