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The Risks of Article 27

Tagged with eu, eu representative, gdpr, ico, privacy, article 27,
by Adam Brogden
in Blog

19-Oct-2020 12:16

Here at Optindigo, we have outlined why some businesses may need to appoint an EU Representative, however, we have not yet focussed on the risk of fines and enforcement action that may happen if businesses don't appoint a Representative.

Although it may seem like a hidden part o the GDPR, failing to appoint an EU Representative when your business needs one is a clear breach of the GDPR. There are two levels of fines for GDPR breaches:

  1. Infringement of Article 27 itself (failing to appoint a representative) is subject to the first level of fines. This is up to €10,000,000 or up to 2% total worldwide annual revenue of the preceding financial year, whichever is higher.

  2. Level Two will take the failure to appoint a EU Representative into account with other breaches of the GDPR. This level is for more or multiple breaches of the GDPR. This may be fines of up to €20,000,000 or up to 4% total worldwide annual revenue of the preceding financial year, whichever is higher.

Don't forget that a person who has suffered material or non-material damage due to a lack fo GDPR Complicance may also be able to seek compensation. That means that failure to appoint a EU Representative when your business needs one opens you up to three different levels of fines.

The risk of action is real, don't assume that your business is safe. At our sister site, GDPR EU Representative, we will be your EU Representative. We will ensure your business is acting in accordance with the GDPR and Data Protection Legislation and keep you safe from fines and enforcement action. Check out our website for more information, or contact us at any time for help with this tricky bit of the GDPR.

Good luck all.