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Chapter IX – Final and transitional provisions (Art. 34-38)

Art. 34 DGA - Penalties arrow_right_alt

  1. Member States shall lay down the rules on penalties applicable to infringements of the obligations regarding transfers of non-personal data to third countries pursuant to Article 5(14) and Article 31, the notification obligation of data intermediation services providers pursuant to Article 11, the conditions for providing data intermediation services pursuant to Article 12 and the conditions for the registration as a recognised data altruism organisation pursuant to Articles 18, 20, 21 and 22, and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. In their rules on penalties, Member States shall take into account the recommendations of the European Data Innovation Board. Member States shall, by 24 September 2023, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
  2. Member States shall take into account the following non-exhaustive and indicative criteria for the imposition of penalties on data intermediation services providers and recognised data altruism organisations for infringements of this Regulation, where appropriate:
    1. the nature, gravity, scale and duration of the infringement;
    2. any action taken by the data intermediation services provider or recognised data altruism organisation to mitigate or remedy the damage caused by the infringement;
    3. any previous infringements by the data intermediation services provider or recognised data altruism organisation;
    4. the financial benefits gained or losses avoided by the data intermediation services provider or recognised data altruism organisation due to the infringement, insofar as such benefits or losses can be reliably established;
    5. any other aggravating or mitigating factors applicable to the circumstances of the case.
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  • 55

Recital 55

Member States should lay down rules on penalties applicable to infringements of this Regulation and should take all measures necessary to ensure that they are implemented. The penalties provided for should be effective, proportionate and dissuasive. Large discrepancies between rules on penalties could lead to distortion of competition in the digital single market. The harmonisation of such rules could be of benefit in that regard.

Art. 35 DGA - Evaluation and review arrow_right_alt

Art. 36 DGA - Amendment to Regulation (EU) 2018/1724 arrow_right_alt

Art. 37 DGA - Transitional arrangements arrow_right_alt

Art. 38 DGA - Entry into force and application arrow_right_alt