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:
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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 infringing party to mitigate or remedy the damage caused by the infringement;
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(c)
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any previous infringements by the infringing party;
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(d)
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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;
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(e)
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any other aggravating or mitigating factor applicable to the circumstances of the case;
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(f)
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infringing party’s annual turnover in the preceding financial year in the Union.
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