2. Member States shall take into account the following non-exhaustive and indicative criteria for the imposition of penalties on data intermediation services providers and recognised data altruism organisations for infringements of this Regulation, where appropriate:
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(a)
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the nature, gravity, scale and duration of the infringement;
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(b)
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any action taken by the data intermediation services provider or recognised data altruism organisation to mitigate or remedy the damage caused by the infringement;
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(c)
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any previous infringements by the data intermediation services provider or recognised data altruism organisation;
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(d)
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the financial benefits gained or losses avoided by the data intermediation services provider or recognised data altruism organisation due to the infringement, insofar as such benefits or losses can be reliably established;
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(e)
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any other aggravating or mitigating factors applicable to the circumstances of the case.
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