One thing GDPR brings to the table is heavy, really really heavy non-compliance fines.
Failure to comply with the new data protection rules can result in different types of sanctions from controllers, ranging from a warning, a reprimand to a temporary or definitive ban on processing and a fine of up to €20 million or 4% of the business’s total annual worldwide turnover — a steep sum for any entity found to be in conflict with the regulation.
Broadly, if a breach of the regulation involves an infringement of an individual’s privacy rights, then the top tier of fines apply; €20 million or 4% of the business’s total annual worldwide turnover. This includes situations where a person’s data has been processed without any lawful basis (where they haven’t given proper consent, for instance).
Given the significant financial penalties for noncompliance and evidently more proactive compliance efforts planned by the EU data protection supervisor, the GDPR truly compels action from not only all enterprises that are doing business across Europe, but also all enterprises with offices in Europe, workers in Europe (even if they are not located there permanently), and clients, customers, patients and any type of consumer in Europe.
GDPR fines are discretionary rather than mandatory. They’ll only be imposed on a case-by-case basis and will be based on the specific articles of the regulation that the organization has breached.
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