To put it simply, the design is as follows:
Base value: On the basis of the company’s turnover, it is determined according to size classes and subgroups, which lead to a kind of daily rate (“base value”) using tables.
Severity of the charge: The basic value is then multiplied by a factor between 1 – 12, depending on the severity of the charge (light, medium, serious) and depending on whether there is a formal or material violation. The criteria of Art. 83 (2) GDPR are taken into account (type and gravity of the violation, negligence / intent, previous violations, cooperation, etc.).
Correction: In the last step, the amount determined in this way is adjusted downwards or upwards in order to appreciate circumstances that have not yet been taken into account (perpetrator-related circumstances of Art. 83 (2) GDPR and other circumstances such as duration of the procedure or impending insolvency).
Below are a few examples of daily rates (basic values):
- up to € 750,000 turnover: € 972.00
- € 1 million turnover: € 2,917.00
- € 5 million turnover: € 9,722.00
- € 10 million turnover: € 24,306.00
- € 100 million turnover: € 243,056.00
For companies with an annual turnover of more than € 500 million, the percentage fine of 2% or 4% of the annual turnover must be used as the maximum limit, so that for these companies a calculation is made based on the actual turnover!