Do not set a maximum limit on pecuniary penalties in national law that would prevent supervisory authorities imposing penalties in line with Art. 27(1)-(2)
What changes
Member States gain a new binding floor under national penalty caps; companies facing enforcement in Member States that previously set low caps may face steeper penalties.
Prior rule vs new rule
Article 27(2) of that Directive requires Member States, when deciding whether to impose penalties and, if so, when determining their nature and appropriate level, to take due account of a series of factors that determine the gravity of the infringement and attenuating or aggravating circumstances.
Do not set a maximum limit on pecuniary penalties in national law that would prevent supervisory authorities imposing penalties in line with Art. 27(1)-(2)
Who is affected
Burden drivers
Binds Member States, not a company by size.
Source text
Member States shall not set a maximum limit of pecuniary penalties in their national law transposing this Directive that would prevent supervisory authorities from imposing penalties in accordance with the principles and factors set out in paragraphs 1 and 2.
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