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)