Which sanctions are threatened in case of violations against data protection law?
May 6, 2022 | 60,00 EUR | answered by Tobias Helbig
Dear lawyer,
I am reaching out to you as the managing director of a medium-sized company, as I have recently been increasingly confronted with the issue of data protection law. We collect and process a large amount of personal data of our customers and employees and are aware that we must comply with legal requirements in this regard.
Unfortunately, we have found that there have been some violations of data protection law in the past. These violations were not intentional, but were due to carelessness and lack of knowledge. Nevertheless, we are very concerned about the sanctions that could be imposed on us in case of further violations.
We are aware that the General Data Protection Regulation (GDPR) provides for significant fines that can be imposed for breaches of data protection law. We would like to know what specific sanctions we can expect in case of violations and what the usual amounts are.
Furthermore, we are interested in whether there are ways to prevent or at least minimize the impending sanctions. We want to ensure that our company acts in compliance with the law in the future and does not commit any further breaches of data protection law.
We thank you in advance for your support and advice.
Sincerely,
Siegfried Ehrenbreit
Dear Mr. Ehrenbreit,
Thank you for your inquiry and your interest in data protection law. It is understandable that as the managing director of a medium-sized company, you are concerned about possible sanctions related to data protection violations. I would like to address your questions in detail.
First and foremost, it is important to know that the General Data Protection Regulation (GDPR) provides for significant fines that can be imposed in case of data protection breaches. The amount of fines depends on various factors, such as the nature and severity of the violation, the company's turnover, and whether the violation was intentional or negligent. The maximum amount of fines can be up to 20 million euros or 4% of the company's global annual turnover of the previous year, whichever is higher.
Therefore, it is advisable to take data protection violations seriously and take measures to prevent them. To avoid future violations, I recommend implementing a data protection management system, providing training for your employees on data protection, and implementing data protection policies and processes.
In terms of ways to prevent or minimize impending sanctions, it is important to cooperate with data protection authorities and be transparent. In case of a data protection incident, you should report it immediately and take all necessary measures to remedy the incident. By cooperating and taking proactive action, you may be able to reduce the amount of fines.
Lastly, I recommend appointing a data protection officer who is responsible for compliance with data protection law in your company and who can support you with any questions or concerns regarding data protection.
I hope that this information has been helpful to you and I am available for further questions. Thank you for your trust and commitment to data protection in your company.
Best regards,
Tobias Helbig, Attorney
