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RGPD

Article 84

Penalties

1.   Member States shall lay down the rules on other penalties applicable to infringements of this Regulation in particular for infringements which are not subject to administrative fines pursuant to Article 83, and shall take all measures necessary to ensure that they are implemented. Such penalties shall be effective, proportionate and dissuasive.

2.   Each Member State shall notify to the Commission the provisions of its law which it adopts pursuant to paragraph 1, by 25 May 2018 and, without delay, any subsequent amendment affecting them.

Common Questions

Frequently Asked Questions

What does Article 84 add on top of the administrative fines in Article 83?

It obliges Member States to lay down rules on other penalties for infringements of the Regulation, in particular for infringements that are not subject to administrative fines under Article 83. Member States must also take all measures necessary to ensure those penalties are implemented.

In short, national law fills the gap where the Article 83 fines do not apply.

What conditions must these national penalties meet?
Article 84 sets three tests: the penalties must be effective, proportionate and dissuasive. Beyond that, the article leaves the design of the penalties to each Member State's own law.
Did Member States have to report their penalty rules to anyone?
Yes. Each Member State had to notify the Commission of the provisions of its law adopted under paragraph 1 by 25 May 2018. Any subsequent amendment affecting those provisions must be notified without delay.
← Article 83 Article 85 →