Penalties To Non-Compliance To GDPR – All You Need To KnowAugust 10, 2017GDPR
Companies who still haven’t updated their policies as per the new GDPR non-compliance penalties will have to face serious consequences. It’s more of helping news than a warning. If you haven’t modified or updated your website’s policies or integrated GDPR Regulations within your organisation. Now is the time to change them, as the clock is ticking.
Two Levels of GDPR Non-Compliance Penalties and Associated Sanction:
Are you prepared for the change or you want to become a sinking ship on purpose? You won’t have anyone else to blame later on. For now, as a separate entity or company, you should be focused about the GDPR fines upon non-compliance.
Level of Administrative Fines
Under the section of Article 83 of GDPR details of these administrative fines are explained in an elaborative manner for clear understanding.
Level 1 – Minimum Penalty
In this level, as a company, you will be penalised for €10 million or 2% of your annual turnover, as a non-compliance to GDPR. This includes violation of some specific GDPR rules, such as:
- Taking the consent of a child about his/her data – under 18.
- Failure to maintain a secure mechanism for the protection of data, information, and communication of involved users.
- Processors obligations
- Data Breach by Data Controllers
- Lack of security measures for the protection of data and information
Level 2 – Maximum Penalty
In this level, as a company, you will be penalised for €20 million or 4% of your annual turnover, as a non-compliance to GDPR. There are different factors of violation associated, that can lead to GDPR fines, such as:
- Unauthorised processing of users personal data and information
- Not taking consent and willingness of users regarding their data
- Not explicitly explaining and briefing users about their rights regarding their data
- Transfer of personal data of users to third parties without their consent
There are numerous factors which will be considered by ICO before initiating and implementing a fine on any company. It’s better to grasp all the knowledge you can regarding GDPR non-compliance and related regulation articles to fully prepare yourself.
What can it cost you other than a financial hit?
Other than bearing hefty fines and penalties, your organisation can lose a lot, including:
- Customer trust
- Organisations will also face severe damage to their existing reputation which can lead to unrecoverable financial factors and customer relationships
- Failure to pay due to GDPR fines can also lead to imprisonment
- Permanent ban on your services
To align with GDPR compliance, it is better to organise your company’s policies as soon as you can.
I wouldn’t want a damage tag to my business nor a ruined customer relationship. Would you?
It is also worth considering that users will have the option to claim for compensation for the damages suffered such as emotional distress, mental distress, privacy invasion etc. by the organisation let it be by a data controllers or data processor. You wouldn’t want to bear the more financial loss, would you?
GDPR also has a separate suit of sanctions to guide organisations comply with GDPR Regulation. Thus, we would recommend all the organisations to go through the GDPR compliance and update the policies in order it to avoid such penalties and fines.
Have you updated your policies yet?
Our customised GDPR tool-kits will help you in successfully assess and make a recommendation to assist you in complying with the GDPR Regulations. We will also help you in finding expert advisors and consultants to get you on the right track. Feel free to contact us with your concerns and queries, and we will get back to you with best possible solutions.