GDPR Fines
GDPR fines are financial penalties imposed by data protection authorities on organisations that violate the EU General Data Protection Regulation (GDPR). These fines can reach up to €20 million or 4% of annual global turnover, whichever is higher, for serious infringements of data protection rules.
Legal Basis
"Administrative fines shall in each individual case be effective, proportionate and dissuasive. [...] the administrative fine shall, depending on the circumstances of each individual case, be imposed in addition to, or instead of, measures referred to in points (a) to (h) and (j) of paragraph 2."
— Article 83(1), Regulation (EU) 2016/679 (GDPR)
The GDPR establishes two tiers of maximum fines: up to €10 million or 2% of global annual turnover for certain violations (such as inadequate record-keeping), and up to €20 million or 4% of global annual turnover for more serious infringements (such as violations of the legal bases for processing, data subject rights, or international data transfers).
Why It Matters
GDPR fines affect any organisation that processes personal data of individuals in the EU, regardless of where the organisation is established. This includes political parties, campaign organisations, platforms, publishers, and providers of political advertising services that handle voter data, targeting information, or other personal data.
For providers of political advertising services, GDPR fines are particularly relevant when using targeting techniques or ad-delivery techniques based on personal data. Under Regulation 2024/900 (the political advertising regulation), the use of personal data for targeting political advertisements must comply with GDPR requirements, including having a valid legal basis and respecting data subject rights.
Supervisory authorities consider factors such as the nature and severity of the infringement, whether it was intentional or negligent, previous violations, cooperation with the authority, and the categories of personal data affected. Political advertising involving special category data (such as political opinions) may attract closer scrutiny and higher fines if mishandled.
Key Points
- Two-tier system: Fines up to €10 million or 2% of turnover for some violations; up to €20 million or 4% of turnover for serious breaches
- Global turnover: The percentage is calculated on worldwide annual revenue, not just EU operations or the infringing service
- Proportionality: Authorities must ensure fines are effective, proportionate, and dissuasive based on case circumstances
- Political advertising context: Misuse of personal data for targeting political ads can trigger GDPR fines from data protection authorities
- Special category data: Processing political opinions or other sensitive data without proper legal basis increases fine risk
- Cross-border cases: Lead supervisory authority coordinates with other authorities for organisations operating across multiple Member States
GDPR Fines vs. DSA Penalties vs. Competition Fines
GDPR fines specifically address data protection violations, while Digital Services Act (DSA) penalties address illegal content, transparency, and platform obligations (up to 6% of global turnover). Competition fines under Articles 101 and 102 TFEU address anti-competitive behaviour and can reach 10% of global turnover. An organisation can face multiple types of fines simultaneously if violations span different legal frameworks. For example, a platform could receive GDPR fines for misusing targeting data, DSA penalties for transparency failures in political advertising, and competition fines for market abuse—all arising from the same political advertising activities.
Related Terms
- Data Protection Authority
- Personal Data
- Legal Basis for Processing
- Special Category Data
- Targeting Techniques
- Data Subject Rights
- Controller
- Processor
- Consent
- Legitimate Interest