Recital 151

1 The legal systems of Denmark and Estonia do not allow for administrative fines as set out in this Regulation. 2 The rules on administrative fines may be applied in such a manner that in Denmark the fine is imposed by competent national courts as a criminal penalty and in Estonia the fine is imposed by the supervisory authority in the framework of a misdemeanour procedure, provided that such an application of the rules in those Member States has an equivalent effect to administrative fines imposed by supervisory authorities. 3 Therefore the competent national courts should take into account the recommendation by the supervisory authority initiating the fine. 4 In any event, the fines imposed should be effective, proportionate and dissuasive.

This recital of the General Data Protection Regulation clarifies article 83 GDPR (General conditions for imposing administrative fines).*

* The reference between articles and recitals is based on the professional assessment of activeMind.legal.

Articles of the GDPR