How should fines for subsidiaries be calculated under the EU GDPR?

30/08/2023 | Pinsent Masons

The Court of Justice of the European Union (CJEU) has been asked to clarify how fines imposed on subsidiaries under the General Data Protection Regulation (GDPR) should be calculated. The question is whether the fines should be based on the total revenue of the corporate group that the subsidiaries are a part of. The EU GDPR stipulates that ‘undertakings’ can be fined up to €20 million, or up to 4% of their total worldwide annual turnover of the preceding financial year, whichever is higher, for infringements of the regulation. The CJEU is being asked to determine the meaning of ‘undertaking’ in the GDPR legislation. The dispute in question is between the public prosecutor in Denmark and retailer ILVA A/S, which is part of the Lars Larsen Group.

Pinsent Masons has the details.

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