S.L. 370.33 Art. 7Determination of the applicable penalties or measures by the competent authority.

When determining the type of administrative penalties or measures and the level of administrative pecuniary penalties, the competent authority shall ensure that they are effective, proportionate and dissuasive and take into account all relevant circumstances, including where appropriate:

(a) the gravity and the duration of the infringement;

(b) the degree of responsibility of the person responsible for the infringement;

(c) the financial strength of the person responsible for the infringement, as indicated, for example, by its total turnover in the case of a legal person or the annual income in the case of a natural person;

(d) the importance of the profits gained or losses avoided by the person responsible for the infringement, the damage to other persons and, where applicable, the damage to the functioning of markets or the wider economy, in so far as they can be determined;

(e) the level of cooperation with the competent authority of the person responsible for the infringement;

(f) previous infringements by the person responsible for the infringement;

(g) measures taken after the infringement by the person responsible for the infringement to prevent its repetition.