Source: OJ L 119, 4.5.2016, pp. 1–88 · Consolidated textCurrent language: EN
- General data protection
Basic legislative acts
- GDPR regulation
Article 84 Penalties
Summary What does Article 84 of the GDPR regulation say?
This article works as a companion to Article 83, which governs administrative fines.
Where Article 83 sets out the framework for those fines, Article 84 addresses the broader penalty landscape by requiring Member States to establish additional penalties for infringements not already covered by the administrative fines regime.
Member States are also required to notify the Commission of the national laws they adopt to fulfil this obligation.
Important points:
- Member States are required to establish rules for penalties covering GDPR infringements that fall outside the scope of Article 83 administrative fines.
- Such penalties must be effective, proportionate and dissuasive.
- Member States must notify the Commission of the relevant national provisions by 25 May 2018, and of any subsequent amendments without delay.
Springlex's summary of the article is a reading aid, not a substitute for the legal text.
Member States shall lay down the rules on other penalties applicable to infringements of this Regulation in particular for infringements which are not subject to administrative fines pursuant to Article 83, and shall take all measures necessary to ensure that they are implemented. Such penalties shall be effective, proportionate and dissuasive.
Each Member State shall notify to the Commission the provisions of its law which it adopts pursuant to paragraph 1, by 25 May 2018 and, without delay, any subsequent amendment affecting them.
Relevant recitals
Recital 149 States' discretion on criminal penalties
Member States should be able to lay down the rules on criminal penalties for infringements of this Regulation, including for infringements of national rules adopted pursuant to and within the limits of this Regulation. Those criminal penalties may also allow for the deprivation of the profits obtained through infringements of this Regulation. However, the imposition of criminal penalties for infringements of such national rules and of administrative penalties should not lead to a breach of the principle of ne bis in idem, as interpreted by the Court of Justice.
Recital 152 Non-harmonised penalties by Member States
Where this Regulation does not harmonise administrative penalties or where necessary in other cases, for example in cases of serious infringements of this Regulation, Member States should implement a system which provides for effective, proportionate and dissuasive penalties. The nature of such penalties, criminal or administrative, should be determined by Member State law.
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