8. The amount of the periodic penalty payment, calculated from the date stipulated in the decision imposing the periodic penalty payment, shall be up to 1 % of the average daily worldwide turnover of the critical ICT third-party service provider in the preceding business year. When determining the amount of the penalty payment, the Lead Overseer shall take into account the following criteria regarding non-compliance with the measures referred to in paragraph 6:
|
(a)
|
the gravity and the duration of non-compliance;
|
|
(b)
|
whether non-compliance has been committed intentionally or negligently;
|
|
(c)
|
the level of cooperation of the ICT third-party service provider with the Lead Overseer.
|
For the purposes of the first subparagraph, in order to ensure a consistent approach, the Lead Overseer shall engage in consultation within the JON.