The Sanctioning Regime Provided by Regulation (EU) 2016/679 on the Protection of Personal Data

Law Review, Volume VIII, Issue 1, January-June 2018, p. 60-73

14 Pages Posted: 16 Jul 2018

See all articles by Irina Alexe

Irina Alexe

Legal Research Institute of the Romanian Academy

Date Written: December 5, 2017

Abstract

In the public space and in the debates among professionals, the new general data protection regulation, which is to be applied from May 25th 2018, is debated more and more conjunctively with the news brought by this European Union legislative act, but especially regarding the new sanctioning regime. We analyse the questions that arise concerning the violations to be sanctioned, the classification of sanctions and their amount, the deliberate nature of the violation and the effective procedural safeguards, in accordance with the general principles of European Union law and the CFSP. During the analysis we identify answers to these questions and, last but not least, underline the competence of the Member States as well as the role of the national supervisory authorities regarding to the sanctioning regime provided for by the Regulation.

Keywords: regulation (EU) 2016/679 (GDPR), the protection of personal data, corrective powers, administrative fines, sanctioning regime, the competence of the Member States, national supervisory authorities

JEL Classification: K22

Suggested Citation

Alexe, Irina, The Sanctioning Regime Provided by Regulation (EU) 2016/679 on the Protection of Personal Data (December 5, 2017). Law Review, Volume VIII, Issue 1, January-June 2018, p. 60-73. Available at SSRN: https://ssrn.com/abstract=3202314 or http://dx.doi.org/10.2139/ssrn.3202314

Irina Alexe (Contact Author)

Legal Research Institute of the Romanian Academy ( email )

Calea 13 Septembrie no.13, corp B, et. 4, sector 5
Bucharest, 050711
Romania

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