New Calculation Model for Data Protection Fines in Germany
In June, the conference of the German Data Protection Authorities (Datenschutzkonferenz) approved a concept for the calculation of GDPR fines.
“In a first step, the fine is calculated in daily rates derived from the worldwide company turnover of the previous year. The daily rate is multiplied by a factor which depends on the seriousness of the breach and is determined by the application of a scoring system. The sum is then reduced or increased depending on the degree of fault and on whether there have been any previous breaches. Three or more previous breaches can lead to a surcharge of 300 per cent. Mitigating factors will also be taken into account.”