Risk of non-compliance

Depending on the type of breach, fines can be up to €20 million or 4% of a company’s global annual turnover of the previous financial year, whichever is greater, or they can be up to €10 million or 2% of a company’s global annual turnover of the previous financial year, whichever is greater.

The level of the fine will be determined by on a case-by-case basis dependent on, for example, whether the breach constituted a first offence, how many people were affected, whether sufficient safeguards were in place to prevent it. This is why having documented audits, procedures and impact assessments in place is now essential.

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