What Are The Tier 2 Fine Caps?

What Are The Tier 2 Fine Caps
What are the fines and penalties under GDPR? – Under the General Data Protection Regulation (GDPR), there is a tiered system of fines depending on the nature and severity of the violation. For tier 1 violations, up to 2% of annual revenu e or €10 million, whichever is greater,

Collecting personal data of children without parental consent.
Collecting, storing, or processing additional information of a user.
Following privacy by design protocols.
Sharing personal data with other joint organizations (controllers).
Usage of third-party involvement in privacy policies.
Records of personal information collected from the users.
Notifying the supervisory authority and the users about a data breach.
Performing a data protection impact assessment.
Appointing and tasks of a data protection officer.
Establishing certification mechanisms.

The tier 2 fines are applicable for violations related to:

Lawful bases of processing personal data, including conditions of consent.
GDPR rights of EU individuals.
Cross-border personal data transfer.
Law adopted by the Member States.
Adhering to an order authorized by a GDPR superior authority.

Not all GDPR infringements will result in financial penalties. Depending on the nature of the violation, the GDPR authorities may also decide the course of action against the liable organization. These actions may include a ban on processing activities, an order to delete data and restrictions on cross-border data transfers.

These fines are set to put pressure on businesses to ensure their systems are secure and robust.
They are also to encourage organizations not to take risks with the user’s personal data because it could seriously damage their reputation and affect their business.
Individuals’ right to compensation: According to Art.82 of GDPR, the affected individuals can claim compensation for the damage suffered from the violation,

They can approach the Courts to exercise their right to compensation. The organizations are liable to pay the compensation unless they prove that they are not responsible for the violation.

What is the maximum fine for GDPR?

National authorities can or must assess fines for specific data protection violations in accordance with the General Data Protection Regulation. The fines are applied in addition to or instead of further remedies or corrective powers, such as the order to end a violation, an instruction to adjust the data processing to comply with the GDPR, as well as the power to impose a temporary or definitive limitation including a ban on data processing.

For the provisions which relate to processors, he may be subject to sanctions directly and/or in conjunction with the controller. The fines must be effective, proportionate and dissuasive for each individual case. For the decision of whether and what level of penalty can be assessed, the authorities have a statutory catalogue of criteria which it must consider for their decision.

Among other things, intentional infringement, a failure to take measures to mitigate the damage which occurred, or lack of collaboration with authorities can increase the penalties. For especially severe violations, listed in Art.83(5) GDPR, the fine framework can be up to 20 million euros, or in the case of an undertaking, up to 4 % of their total global turnover of the preceding fiscal year, whichever is higher.

But even the catalogue of less severe violations in Art.83(4) GDPR sets forth fines of up to 10 million euros, or, in the case of an undertaking, up to 2% of its entire global turnover of the preceding fiscal year, whichever is higher.
Especially important here, is that the term “undertaking” is equivalent to that used in Art.101 and 102 of the Treaty on the Functioning of the European Union (TFEU).

According to case law of the European Court of Justice, “the concept of an undertaking encompasses every entity engaged in an economic activity, regardless of the legal status of the entity or the way in which it is financed”. An undertaking can therefore not only consist of one individual company in the sense of a legal person, but also out of several natural persons or corporate entities.

Thus, a whole group can be treated as one undertaking and its total worldwide annual turnover can be used to calculate the fine for a GDPR infringement of one of its companies. In addition, each Member State shall lay down rules on other penalties for infringements of the Regulation which are not already covered by Art.83.

Those are most likely criminal penalties for certain violations of the GDPR or penalties for infringements of national rules which were adopted based on flexibility clauses of the GDPR. The national penalties must also be effective, proportionate and act as a deterrent.

A punishable situation in a company can be revealed through proactive inspection activities conducted by the data protection authorities, by an unsatisfied employee or by customers or potential customers who complain to the authorities, through the company making a self-denunciation, or by the press in general, especially through investigative journalism.

The Enforcement Tracker gives an overview of reported fines and penalties which data protection authorities within the EU have imposed so far.

What are the penalties for GDPR fines?

The Biggest GDPR Fines of 2022 GDPR fines are designed to make non-compliance around data security a costly mistake and they can be separated into two tiers. Less severe infringements can result in a fine of €10 million or 2% of a firm’s annual revenue from the preceding financial year, depending on which amount is higher.

More serious violations can result in a fine of up to €20 million or 4% of a firm’s annual revenue from the preceding year, depending on what is higher.
Both the uptick in violations and mammoth fines levied in recent years highlight a growing lack of consent and transparency.
Despite that worrying trend, it has been reassuring to see and imposing fines at a rate never seen before.

Before 2021, the largest fine on record was levied in 2019 when Google was penalised €50 million for how it communicated privacy to its users as well as various data processing offences. That sum was dwarfed Amazon’s record €746 million fine in July 2021 and multiple penalties since then have also run into hundreds of millions of euro. Niall McCarthy Niall is a Content Writer at the EQS Group. Originally from Ireland, he previously worked as a journalist, which included reporting on major corruption trends worldwide. : The Biggest GDPR Fines of 2022

What are the Tier 1 fine caps?

What fines can be imposed under GDPR? – Under the GDPR, there are two levels of fines depending on the nature and severity of the infringements:

Up to 2% of annual revenue or €10 million, whichever is greater.
Up to 4% of annual revenue or €20 million, whichever is greater.

What is the 4 percent fine for GDPR?

GDPR fines and notices – Wikipedia

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The (GDPR) is a that specifies standards for and in the, and the rights of European citizens to control the processing and distribution of, Violators of GDPR may be fined up to €20 million, or up to 4% of the annual worldwide turnover of the preceding financial year, whichever is greater. The following is a list of fines and notices issued under the GDPR, including reasoning.

How can I avoid GDPR fines?

Write a GDPR-compliant Privacy Policy and display it prominently on your website. Ensure you obtain express consent to personal data handling. Always report data breaches on time, and take steps to prevent them happening again. Make sure you have sufficient cybersecurity in place to protect personal data.

What is the maximum penalty for exposing payment card data as part of a data breach?

PCI DSS fines and penalties from payment providers – Organisations found to be in breach of PCI DSS could be fined $5,000 to $100,000 per month (roughly £4,000 to £80,000 in GBP) by payment providers, according to the PCI Compliance Guide. In addition, the bank may impose other penalties, such as increasing transaction fees or even terminating the relationship altogether.

What happens if you don’t comply with GDPR?

What if my company/organisation fails to comply with the data protection rules? The General Data Protection Regulation (GDPR) provides the with different options in case of non-compliance with the data protection rules:

likely infringement – a warning may be issued; infringement: the possibilities include a reprimand, 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.

It is worth noting that in the case of an infringement, the DPA may impose a monetary fine instead of, or in addition to, the reprimand and/or ban on processing. The authority must ensure that fines imposed in each individual case are effective, proportionate and dissuasive,

It will take into account a number of factors such as the nature, gravity and duration of the infringement, its intentional or negligent character, any action taken to mitigate the damage suffered by individuals, the degree of cooperation of the organisation, etc.
A company sells online household material.

Through its website, consumers can buy kitchen appliances, tables, chairs and other domestic goods by entering their bank details. The website suffered a cyber-attack leading to personal details being rendered available to the attacker. In this case, the lack of appropriate technical measures by the company seems to have been the cause of the data loss.

In this instance, various factors will be considered by the supervisory authority before deciding what corrective tool to use. Factors such as: how serious was the deficiency in the IT system? How long had the IT infrastructure been exposed to such a risk? Were tests carried out in the past to prevent such an attack? How many customers had their data stolen/disclosed? What type of personal data was affected – did it include sensitive data? All these and other considerations will be taken into account by the supervisory authority.

: What if my company/organisation fails to comply with the data protection rules?

What is Tier 2 GDPR fine?

Two tiers of GDPR fines – The GDPR states explicitly that some violations are more severe than others. The less severe infringements could result in a fine of up to €10 million, or 2% of the firm’s worldwide annual revenue from the preceding financial year, whichever amount is higher. They include any violation of the articles governing:

Controllers and processors ( Articles 8, 11, 25-39, 42, and 43 ) — Organizations that collect and control data (controllers) and those that are contracted to process data (processors) must adhere to rules governing data protection, lawful basis for processing, and more. As an organization, these are the articles you need to read and adhere to. Certification bodies ( Articles 42 and 43 ) — Accredited bodies charged with certifying organizations must execute their evaluations and assessments without bias and via a transparent process. Monitoring bodies ( Article 41 ) — Bodies that have been designated to have the appropriate level of expertise must demonstrate independence and follow established procedure in handling complaints or reported infringements in an impartial and transparent manner.

The more serious infringements go against the very principles of the right to privacy and the right to be forgotten that are at the heart of the GDPR. These types of infringements could result in a fine of up to €20 million, or 4% of the firm’s worldwide annual revenue from the preceding financial year, whichever amount is higher. These include any violations of the articles governing:

The basic principles for processing ( Articles 5, 6 and 9 ) — Data processing must be done in a lawful, fair, and transparent manner. It has to be collected and processed for a specific purpose, be kept accurate and up to date, and processed in a manner that ensures its security. Organizations are only allowed to process data if they meet one of the six lawful bases listed in Article 6. In addition, certain types of personal data, including racial origin, political opinions, religious beliefs, trade union membership, sexual orientation, and health or biometric data are prohibited except under specific circumstances. The conditions for consent ( Article 7 ) — When an organization’s data processing is justified based on the person’s consent, that organization needs to have the documentation to prove it. The data subjects’ rights ( Articles 12-22 ) — Individuals have a right to know what data an organization is collecting and what they are doing with it. They also have a right to obtain a copy of the data collected, to have this data corrected, and in certain cases, the right to have this data be erased. People also have a right to transfer their data to another organization. The transfer of data to an international organization or a recipient in a third country ( Articles 44-49 ) — Before an organization transfers any personal data to a third country or international organization, the European Commission must decide that that country or organization ensures an adequate level of protection. The transfers themselves must be safeguarded.

They also include:

Any violation of member state laws adopted under Chapter IX — Chapter IX grants EU member states the ability to pass additional data protection laws as long as they are in accordance with the GDPR. Any violation of these national laws also faces GDPR administrative fines. Non-compliance with an order by a supervisory authority — If an organization fails to comply with an order from the monitoring bodies of the GDPR, they have set themselves up to face a huge fine, regardless of what the original infringement was.

And these are just the administrative fines. Article 82 gives data subjects the right to seek compensation from organizations that cause them material or non-material damage as a result of a GDPR infringement.

What is the penalty for Level 2 GDPR?

These are the GDPR fines that can be applied – has two levels of fines. These fines are specified in EU GDPR and, The first level is € 10 million, or 2% of the global annual turnover of the company in the previous financial year. And, the second level is € 20 million, or 4% of the global annual turnover of the company in the previous financial year.

In each scenario, the higher GDPR fine would be the maximum fine applicable for your company. This means, if the company had global annual turnover of € 1 billion in the last financial year, and the first level of fine is applicable, the fine of 2% of € 1 billion, i.e., € 20 million, would be levelled because 2% of turnover is higher in comparison to € 10m.

It might not sound logical, but if a company had annual revenue of € 500,000, and 2% of this would be € 10,000 – in this case, the € 10 million fine would be applicable because € 10 million is higher than 2% of annual turnover. In short, the higher fine is applicable.

What are the higher maximum fine caps under UK GDPR?

The EU GDPR sets a maximum fine of €20 million (about £18 million) or 4% of annual global turnover – whichever is greater – for infringements.

What are the tiers of fines under GDPR?

Financial penalties – Under the old Data Protection Act 1998 (DPA), the maximum fine that could be handed out by the Information Commissioner’s Office (ICO) for non-compliance was £500,000. The GDPR introduced two tiers of fines that can be levied, depending on the specific part of the regulation that has been breached:

Up to €20 million, or 4% of the organisation’s total worldwide annual turnover – whichever is higher.Up to €10 million, or 2% of total worldwide annual turnover – whichever is higher.

Broadly, there are more ways to be subject to the higher tier than the lower tier. Breach of basic principles of the GDPR such as fairness, lawfulness, transparency and the rules relating to transfers of personal data will all leave organisations open to the higher tier of fines.

What is rule of 5 in GDPR?

5 GDPR Principles relating to processing of personal data. Personal data shall be: processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);

What is the penalty for data breach?

Penalties in India’s data protection bill fall short when compared to others: Experts The provisions for penalties in India’s proposed data protection law fall far short of other data protection legislation around the world, such as the European Union’s General Data Protection Regulation or similar laws in China, legal experts said.

In the proposed Digital Protection Data Bill (DPDB) 2022, data fiduciaries are subject to fines of up to Rs 500 crore for non-compliance.
Other than that, the bill includes a laundry list of penalties: up to Rs 250 crore for failing to take adequate precautions against data breaches; Rs 200 crore for failing to notify of a breach or complying with provisions related to children; Rs 10 crore for violating data localisation norms; Rs 150 crore when a significant data fiduciary fails to carry out their additional obligations under the proposed law.

Penalty provisions in the GDPR or in China, on the other hand, are much stricter. “A key ingredient in those laws is the power to impose fines/penalties up to a particular amount as prescribed for offences (similar to the DPDB) or as a percentage of total worldwide turnover, whichever is higher,” Avimukt Dar, Partner, IndusLaw told Moneycontrol.

“This ensures that bigger companies processing huge volumes of personal data, whose turnovers are massive also feel the pinch of non-compliance, instead of simply paying a statutory fine/penalty, which may be more significant for smaller players,” Dar added. However, he added that robust implementation of the bill’s provisions would more effectively ensure adequate data protection than introducing stricter penalties.

“A prompt implementation approach by the Data Protection Board is crucial to reduce the frequency of data breaches, and at the same time further encourage lawful processing of data by ensuring that businesses take adequate steps to ensure compliance with the relevant data protection obligations,” he said.

GDPR vs DPDB According to Abhinay Sharma, Managing Partner at ASL Partners, the fine under GDPR can be up to 10 million euros, or if it involves an organisation, up to 2 percent of the company’s total global revenue for the prior fiscal year, whichever is higher.
The GDPR fined Meta $275 million for a data leak discovered last year that resulted in the personal information of over 500 million Facebook users being published online.

“Moreover, the Data Processing Agreement between the parties can provide for injunctive penalties, including restrictions regarding international transfers, deletion of personal data, etc,” Sharma said. In the case of the draft DPDB, the monetary penalty is only for breaches and non-compliances that the Data Protection Board, an adjudicating body to be established under the proposed Bill, deems significant.

The Data Processing Agreement may also impose injunctive penalties similar to those provided under GDPR, and data subjects may seek compensation through administrative hearings and legal appeals, Sharma added.
However, Dar of IndusLaw notes that the lower penalty under DPDB can be attributed to the smaller size of India’s economy compared to that of the EU, as well as the government’s goal to accelerate ‘ease of doing business’ and ‘Make in India.’ “I think these two factors are much more relevant than simply saying India is not as serious about data breach as say the EU when comparing penalty sizes,” he said.

Similarly, Rishi Anand, Partner at DSK Legal said, “Given that the DPDP Bill will be the first substantial step by India towards a data protection framework, it appears that the Government intends to take a balanced yet cautious approach while keeping the interests of both the Digital Nagriks (i.e., the data principals) as well as the data fiduciaries in consideration while imposing penalties.

Removal of criminal liability In addition to the penalties proposed for data breaches and other violations, the Personal Data Protection Bill 2019 included a provision for criminal liability. However, that provision has been removed in DBDB 2022. Anand of DSK Legal notes that while some international jurisdictions (such as the EU, Japan, and Turkey) prescribe penalties in the form of fines, imprisonment, and sanctions, the global trend has been to only impose monetary penalties for data protection violations.

“In view of this, retention of only monetary penalties as the preferred deterrent for non-compliance under the proposed Digital personal data protection bill appears to be in line with the global practices from a practical standpoint,” Anand said. “The removal of such criminal liabilities can be said to be in the right direction as this will promote innovations by startups and SMEs, without fear of being imprisoned,” Sharma of ASL Partners said.

Dar from IndusLaw opined that the removal of criminal liability under the DPDB was aligned (and followed the same pattern) with other laws such as as the Competition Act and the Foreign Exchange Management Act.
There is a general regulatory consensus that placing business leaders at risk of personal liberty for bad or risky behaviour has a significant cost to the economy as the overall risks taken by entrepreneurs in India are much higher than in advanced economies,” Dar said.

There are also complexities in the Indian criminal justice system, according to Dar, which may lead to situations in which the prosecution struggles to prove intent or recklessness by key management of a large company, while small founders struggle to get pre-trial bail.

Dar notes, however, that since the draft bill states that everyone must comply with the bill’s provisions and the Data Protection Board’s orders, noncompliance may result in imprisonment.
Non-compliance with orders of the Board or obstruction of its officers in carrying out their duties would lead to contempt proceedings before the relevant High Court and may result in imprisonment,” he added.

Penalty on users The proposed legislation also includes a set of provisions titled ‘duties of data principal’, which require a user to provide authentic information when claiming the right to erase or correct their data, not file a false or frivolous grievance or complaint with a data fiduciary or the board, and not provide false information or impersonate another person.

What is the maximum fine the ICO can impose?

What is the standard maximum? – If there is an infringement of other provisions, such as administrative requirements of the legislation, the standard maximum amount will apply, which is £8.7 million or 2% of the total annual worldwide turnover in the preceding financial year, whichever is higher.

Where do GDPR fines go?

Does the ICO pocket the fines it levies? – As the BA and Marriot fines show, the ICO certainly hasn’t been reluctant to issue major penalties, even if they were heavily watered down, Many may have falsely assumed that the ICO benefits from these fines directly which, in the age of GDPR and the infinitely greater sums of money involved, may perversely incentivise the regulator to pursue heavier and more punitive penalties.

Historically, however, the UK data regulator hasn’t seen a penny from the fines it’s issued. Instead, all financial penalties accrued have been channelled into the Treasury’s consolidated fund, which is an accumulation of all government revenue including taxes and fines from other regulators. This money is then distributed as part of wider central government expenditure.

The winds are changing, however, and the ICO struck a deal with the government to retain a portion of the fines it collects each year. This money, which may not exceed £7.5 million within a financial year, aims to cover pre-agreed, specific, and externally audited litigation costs.

The retention of this money is subject to strict regulatory hurdles precisely in order to avoid the potential issue of a regulator being incentivised to target companies with fines. “Being able to recover some of our litigation costs will form an important part of ensuring that the ICO has the right tools to do our job,” said the ICO’s chief regulatory officer, James Dipple-Johnstone.

“We are on the side of the public and responsible businesses and being well resourced to take action can give everyone the confidence that, where appropriate, we will act effectively to uphold rights.” This move puts the UK in unique company alongside Spain.

Until recently, the Spanish data regulator was unique as being the only authority to directly fund itself through the money it accrued through fines. The approach varies from nation to nation. Other regulators don’t even issue fines directly, including authorities in Denmark and Estonia, instead making recommendations to courts.

Germany, meanwhile, has established multiple regulators in each state. The process in Ireland, finally, involves a two-staged decision, first on whether there has been a violation, then on the nature of the penalty.

What data does GDPR not apply to?

In short, the EU’s General Data Protection Regulation ( GDPR ) doesn’t apply if your business doesn’t operate within the EU, doesn’t process personal data, or if you’re only processing data for domestic purposes. In this article, we’re going to look at the circumstances in which you might not need to obey this particular law.

Offers goods and services in the EU (whether paid or for free), or Monitors the behavior of people in the EU

Let’s see whether either of these conditions applies to your company.

What is the financial penalty limit for data breaches UK?

Fines for infringement of the UK GDPR a maximum fine of £17.5 million or 4 per cent of annual global turnover – whichever is greater – for infringement of any of the data protection principles or rights of individuals.

What are the fines for non PCI compliance UK?

PCI DSS fines – The PCI DSS is a standard rather than a law, and it’s enforced through contracts between merchants, acquiring banks that process payment card transactions and the payment brands. As a result, the way penalties work differs from many other data protection regulations.

Notably, the Standard doesn’t simply levy a one-off fine for non-compliance.
Instead, organisations can be penalised between $5,000 (about €4,300) and $100,000 (about €86,000) a month until they achieve compliance.
Organisations can also face other punitive measures from their acquiring bank.
For example, the bank might increase its transaction fees or terminate the relationship with the merchant altogether.

Additionally, the bank could implement stricter compliance requirements for organisations that commit repeated or egregious mistakes. What Are The Tier 2 Fine Caps You can find more advice on how to meet your compliance requirements by reading PCI DSS Audits – Preparing for success, This free guide helps organisations to prepare for a PCI audit and ensure a successful outcome.

What are the fines for PCI non compliance visa?

Processors use PCI non-compliance fees as an expensive monthly reminder to prompt businesses to become PCI compliant. Note that Visa and Mastercard do not impose fees on businesses that are PCI non-compliant – that decision comes solely from your processor, making a PCI non compliance fee a pure profit charge for processors.

What is the penalty for data breach?

In the proposed Digital Protection Data Bill (DPDB) 2022, data fiduciaries are subject to fines of up to Rs 500 crore for non-compliance.
Other than that, the bill includes a laundry list of penalties: up to Rs 250 crore for failing to take adequate precautions against data breaches; Rs 200 crore for failing to notify of a breach or complying with provisions related to children; Rs 10 crore for violating data localisation norms; Rs 150 crore when a significant data fiduciary fails to carry out their additional obligations under the proposed law.

This ensures that bigger companies processing huge volumes of personal data, whose turnovers are massive also feel the pinch of non-compliance, instead of simply paying a statutory fine/penalty, which may be more significant for smaller players,” Dar added.
However, he added that robust implementation of the bill’s provisions would more effectively ensure adequate data protection than introducing stricter penalties.

GDPR vs DPDB According to Abhinay Sharma, Managing Partner at ASL Partners, the fine under GDPR can be up to 10 million euros, or if it involves an organisation, up to 2 percent of the company’s total global revenue for the prior fiscal year, whichever is higher.
The GDPR fined Meta $275 million for a data leak discovered last year that resulted in the personal information of over 500 million Facebook users being published online.

The Data Processing Agreement may also impose injunctive penalties similar to those provided under GDPR, and data subjects may seek compensation through administrative hearings and legal appeals, Sharma added. However, Dar of IndusLaw notes that the lower penalty under DPDB can be attributed to the smaller size of India’s economy compared to that of the EU, as well as the government’s goal to accelerate ‘ease of doing business’ and ‘Make in India.’ “I think these two factors are much more relevant than simply saying India is not as serious about data breach as say the EU when comparing penalty sizes,” he said.

Dar from IndusLaw opined that the removal of criminal liability under the DPDB was aligned (and followed the same pattern) with other laws such as as the Competition Act and the Foreign Exchange Management Act.
There is a general regulatory consensus that placing business leaders at risk of personal liberty for bad or risky behaviour has a significant cost to the economy as the overall risks taken by entrepreneurs in India are much higher than in advanced economies,” Dar said.

Dar notes, however, that since the draft bill states that everyone must comply with the bill’s provisions and the Data Protection Board’s orders, noncompliance may result in imprisonment. “Non-compliance with orders of the Board or obstruction of its officers in carrying out their duties would lead to contempt proceedings before the relevant High Court and may result in imprisonment,” he added.

Are there criminal penalties for GDPR?

Higher-tier fines – A more severe violation can result in a fine up to $22.07 million or four percent of the company’s annual revenue, whichever is greater. These are hefty fines that can impact an organization of any size if they are found to be in violation of the GDPR.

What is breach of GDPR?

What is a personal data breach? – A personal data breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data. This includes breaches that are the result of both accidental and deliberate causes.

access by an unauthorised third party; deliberate or accidental action (or inaction) by a controller or processor; sending personal data to an incorrect recipient; computing devices containing personal data being lost or stolen; alteration of personal data without permission; and loss of availability of personal data.

A personal data breach can be broadly defined as a security incident that has affected the confidentiality, integrity or availability of personal data. In short, there will be a personal data breach whenever any personal data is accidentally lost, destroyed, corrupted or disclosed; if someone accesses the data or passes it on without proper authorisation; or if the data is made unavailable and this unavailability has a significant negative effect on individuals.

What happens if you don’t comply with GDPR?

It will take into account a number of factors such as the nature, gravity and duration of the infringement, its intentional or negligent character, any action taken to mitigate the damage suffered by individuals, the degree of cooperation of the organisation, etc. A company sells online household material.

In this instance, various factors will be considered by the supervisory authority before deciding what corrective tool to use.
Factors such as: how serious was the deficiency in the IT system? How long had the IT infrastructure been exposed to such a risk? Were tests carried out in the past to prevent such an attack? How many customers had their data stolen/disclosed? What type of personal data was affected – did it include sensitive data? All these and other considerations will be taken into account by the supervisory authority.

: What if my company/organisation fails to comply with the data protection rules?