GDPR Enforcement

Remedies & liabilities

GDPR makes it easier for individuals to bring claims Right to Remedies Lodge a complaint with a supervisory authority Effective judicial remedy against: a supervisory authority a controller or processor¦New Right to mandate a representative (for complaint or judicial remedy) Right to compensation and liability Material or nonmaterial damage lead to compensation Joint and several …

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Restrictions to Individuals’ Rights, Transparency

Member States may narrow the scope of rights/transparency if restriction “Respects the essence of fundamental rights and freedoms” + “Is a necessary and proportionate measure […] to safeguard” one of listed interests (national security, defense, etc.) Legislative restriction must contain specific provisions Purposes of processing Categories of personal data Scope of the restrictions, etc.

Massive fines & Penalties

Revenue based administrative fines Increased risk Sanctions imposed by SA are effective, proportionate and dissuasive. Fines can be imposed in combination with other penalties. Undertakings. Any investigation regarding breach subject to lower fines often lead to higher fines. 2 levels of fines¦New Low: up to 10,000,000 Euros or up to 2% of total worldwide turnover …

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