Privacy

GDPR Sanctions

GDPR regulations provide significant penalties for unlawful processing of personal data. Liability can be civil, administrative and criminal.

Privacy penalties

Civil Liability

The tort liability profiles introduced by Law 675 of 1996 in case of injury to privacy and personal identity were confirmed in full first by Legislative Decree No. 196 of 2003 and later by Regulation (EU) 2016/679. A treatment is considered unlawful when it is:

contrary to current regulations;
injurious to a subjective legal situation of others protected by law.

Administrative Responsibility

The DPO serves as a liaison between the Privacy Guarantor and companies, public or private. He is responsible for informing and advising the owner, controller, and employees on their Privacy obligations under the GDPR and other regulations.

With the entry into force of the European Data Protection Regulation (GDPR), the figure of the Data Protection Officer ( DPO ) or Data Protection Officer was born. Article 38 of the European Regulation 2016/679 (GDPR) stipulates the characteristics and position that the Data Protection Officer must have.

Remark

Monitors the processing of personal data within the company.

Evaluation:

Analyzes compliance of procedures with Privacy regulations.

Organization:

Manages and coordinates data protection activities.

Compliance:

Ensures adherence to European and national Privacy regulations.

Privacy penalties

Administrative Responsibility

Article 83 of the GDPR introduced two very significant levels of administrative pecuniary sanctions by providing for enforcement. If we talk about penalties in case of GDPR violations the first ones are definitely the fines for individuals up to 10 million euros and for companies up to 2% of annual worldwide turnover of the previous year, in case:

conditions applicable to the consent of minors are violated;
unlawful processing of personal data is found, which does not require identification of the data subject;

Criminal Liability

Article 83 of the GDPR introduced two very significant levels of administrative pecuniary sanctions by providing for enforcement. In the case of illegal conduct that is particularly insidious to the legal asset protected by the legal system under analysis, the system resorts to the use of criminal sanction:

Specifically, Article 167 paragraph 1 regulates the unlawful and harmful processing of data.
The second paragraph of the article, on the other hand, punishes anyone who, with the same specific intent consisting of intending to make a profit or cause harm to the data subject, by proceeding to process the data in violation of the applicable regulations, causes harm to the data subject.

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D.LGS. 231/2001

Organizational Models and Supervisory Bodies for the Mitigation of Administrative Liability of Legal Entities.

Privacy

GDPR Sanctions

Privacy penalties

Civil Liability

Administrative Responsibility

Remark

Evaluation:

Organization:

Compliance:

Privacy penalties

Administrative Responsibility

Privacy penalties

Criminal Liability

Privacy consulting and support

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Privacy

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D.LGS. 231/2001