New guidelines on the calculation of GDPR fines for companies

The Data Inspectorate has per. 29-01-2021 published a new guide on setting fines for violations of the rules on data protection. Below we give you a brief overview of the new guide.

Purpose of the guide

The guidance must contribute to greater transparency in relation to how the supervisory authority determines the size of a fine. This applies to the supervision, the prosecution and the courts, as well as to companies and the general public.

Since 25 May 2018, the Data Protection Regulation and the Data Protection Act have been applied. The regulation and the law both propose a new and significantly increased level of fines, and on the basis of this, the Danish Data Protection Agency has prepared some general guidelines. The guidelines contain a clear and transparent basis for the Danish Data Protection Agency’s recommendation of fine claims, which is based on the assessment criteria set out in the Data Protection Ordinance and the Data Protection Act.

The guide therefore aims to ensure greater transparency about GDPR fines.

What should I be aware of?

Here you must be aware that the guide is a working document. The guidelines will therefore be continuously updated as more criminal cases in the area are handled by the Danish Data Protection Agency, the prosecution and the courts. The guide will also be updated as practice develops in Denmark and in the EU.

GDPR advice at Advokatgruppen

Do you lack competent advice and guidance in relation to the Personal Data Ordinance? Then contact Advokatgruppen’s specialized lawyers! We have lawyers in Horsens, Fredericia and Århus who are ready to help you and your company. Our lawyers are always up to date, and you can therefore expect them to always be in control of the latest rules. Therefore, do not hesitate to contact us for a non-binding talk.