S.L. 586.8 Art. 56General conditions for administrative fines. 37

(1) The Commissioner shall ensure that the imposition of administrative fines pursuant to regulation 57 are effective, proportionate and dissuasive.

(2) Administrative fines shall, depending on the circumstances of each individual case, be imposed in addition to, or instead of, measures referred to in regulation 49(1)(b).

(3) When deciding whether to impose an administrative fine and deciding on the amount of the administrative fine in each individual case due regard shall be given to the following:

(a) the nature, gravity and duration of the infringement taking into account the nature, scope or purpose of the processing concerned, as well as the number of data subjects affected and the level of damage suffered by them;

(b) the intentional or negligent character of the infringement;

(c) any action taken by the controller or processor to mitigate the damage suffered by data subjects;

(d) the degree of responsibility of the controller or processor taking into account technical and organisational measures implemented by them pursuant to regulation 20 and 29;

(e) any relevant previous infringements by the controller or processor;

(f) the degree of cooperation with the Commissioner, in order to remedy the infringement and mitigate the possible adverse effects of the infringement;

(g) the categories of personal data affected by the infringement;

(h) the manner in which the infringement became known to the Commissioner, in particular whether, and if so to what extent, the controller or processor notified the infringement; FOR THE PURPOSES OF THE PREVENTION, INVESTIGATION, DETECTION OR PROSECUTION OF CRIMINAL OFFENCES OR THE

EXECUTION OF CRIMINAL PENALTIES

(i) where measures referred to in regulation 49(1)(b) have previously been ordered against the controller or processor concerned with regard to the same subject-matter, compliance with those measures; and

(j) any other aggravating or mitigating factor applicable to the circumstances of the case.

(4) If a controller or processor intentionally or negligently, for the same or linked processing operations, infringes several provisions of these regulations, the total amount of the administrative fine shall not exceed the amount specified for the gravest infringement.