This week, FEDMA submitted its response to the European Data Protection Board (EDPB) consultation on the draft Guidelines 04/2022 on the calculation of administrative fines under the GDPR.
With the aim to further harmonize the fine calculation procedure across national Data Protection Authorities (DPAs), the Draft is to also be welcomed as a useful instrument for companies to better assess the risk of potential fines in the future. In the event of a company’s own GDPR infringements, the Guidelines and their five-stage calculation methodology offer greater predictability of the resulting fine amount.
However, whether the effects of harmonization and greater transparency will also be reflected in the actually imposed fines cannot be predicted with certainty, given the dependence on the circumstances of the individual case and the possibility for DPAs to deviate from the proposed methodology.
In this context, FEDMA recommends the EDPB to:
tackle fragmented GDPR interpretations as the underlying condition for harmonized enforcement
Find here the full text of FEDMA’s response
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