On 12 May 2022, the European Data Protection Board (the “EDPB”) published its Guidelines 04/2022 on the calculation of administrative fines (the “Draft Guidelines”) under Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data (the “GDPR”). The Draft Guidelines provide for a harmonised calculation of administrative fines under the GDPR. In general, the calculation of administrative fines is at the discretion of national data protection authorities (“DPAs”), which must assure that the latter remain effective, proportionate and dissuasive in each individual case. Under the Draft Guidelines, the EDPB provides for a five-step methodology which DPAs should apply when calculating administrative fines.
Step 1: Determining whether there are one or multiple infringements against the GDPR…
