+Article 40 3

Article 40 3

3.   Member States shall take into account the recommendations of the EDIB and the following non-exhaustive criteria for the imposition of penalties for infringements of this Regulation:

(a)

the nature, gravity, scale and duration of the infringement;

(b)

any action taken by the infringing party to mitigate or remedy the damage caused by the infringement;

(c)

any previous infringements by the infringing party;

(d)

the financial benefits gained or losses avoided by the infringing party due to the infringement, insofar as such benefits or losses can be reliably established;

(e)

any other aggravating or mitigating factor applicable to the circumstances of the case;

(f)

infringing party’s annual turnover in the preceding financial year in the Union.

1. Overview

,
Summary Regulation

1.1 References

1.2 Identified Requirements

1.3 Related Standards

2. Identified Requirements

Requirements
Source Requirement

3. Related Standards

Standards
Source Requirement