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Module 04

Capitulo 4 de 8

Fine Calculation Factors

~10 min read

Article 99(6) lists the factors that national competent authorities must take into account when determining the amount of an administrative fine. Understanding these factors is important for assessing real-world fine exposure.

  • Nature, gravity, and duration of the infringement and its consequences
  • Whether the infringement was committed intentionally or through negligence
  • Actions taken to mitigate the damage or bring the infringement to an end
  • Degree of responsibility and cooperation with the supervisory authority
  • Any previous infringements by the same operator
  • Financial gains obtained, or losses avoided, as a result of the infringement
  • Size and market share of the undertaking (mitigating for SMEs)

Module 4

Ch. 4: Fine Calculation Factors

Fine Calculation Factors — Governance & Penalties | AZComply Academy