GDPR fines: What mitigates, what tightens sanctions?

The GDPR, i.e. the General Data Protection Regulation, is a European regulation that regulates the protection of personal data. Companies that violate these regulations can receive heavy fines. The European Data Protection Board (EDPB) has published guidelines explaining how fines are calculated and what factors can affect sanctions.

First, it is important to understand that GDPR fines are based on the severity of the breaches, the number of people affected and the financial scope of the company. A breach that could affect a lot of data from a lot of people leads to higher penalties. At the same time, there are factors that can mitigate the sanctions. For example, a breach caused by gross negligence is assessed differently than a breach committed by deliberate intent.

In addition, the measures taken by a company after a breach play a role. If a company can take proactive steps to resolve the breach and avoid future breaches, this can mitigate the sanctions. This includes, for example, setting up internal data protection measures, training employees or adapting processes.

On the contrary, factors such as the repetition of breaches or the breach of particularly sensitive data exacerbate sanctions. A company that has already received previous fines will be punished more severely if it violates it again. Similarly, infringements concerning particularly sensitive data such as health data or financial data are punished more severely than general data.

The EDPB’s new guidelines are designed to provide clarity while helping companies better understand their commitments. They help to standardise the assessment of infringements and unify the application of the rules. This is also intended to increase transparency and legal certainty for companies.

## What does this mean for your company? The GDPR is not only a legal regulation, but also a duty that you as an entrepreneur or employee must take seriously. You need to ensure that the data of your customers and employees is protected. A breach can not only have financial consequences, but also affect your company’s reputation. It is therefore important to check regularly whether your processes comply with data protection requirements and, if necessary, to initiate measures for improvement.

## How ISN/xyn,ap supports this xynap’s Infrastructure and AI modules provide GDPR-compliant infrastructure and AI tools to help organizations comply with privacy regulations and avoid potential fines.