On 5/26/2018 2:36 PM, Michel 'ic' Luczak wrote:
Original text from EU Commission: "Infringements of the following provisions shall, in accordance with paragraph 2, be subject to administrative fines up to 10 000 000 EUR, or in the case of an undertaking, up to 2 % of the total worldwide annual turnover of the preceding financial year, whichever is higher”
-> Administrative fines_up to_ 10M (or 2% if your 2% is higher than 10M).
It’s a cap, not a minimum.
Thanks for the clarification. But whether that fine will be less than 10M is extremely vague and (I guess?) left up to the opinions or whims of a Euro bureaucrat or judge panel, or something like that... based on very vague and subjective criteria. I've searched and nobody can seem to find any more specifics or assurances. Therefore, there is NOTHING that a very small business with a very small data breach or mistake, could point to... to give them confidence than their fine will be any less than 10M Euros, other than that "up to" wording - that is in the same sentence where it also clarifies "whichever is larger". All these people in this discussion who are expressing opinions that penalties in such situations won't be nearly so bad - are expressing what may very with be "wishful thinking" that isn't rooted in reality. -- Rob McEwen https://www.invaluement.com