Question:
In what cases are fines imposed under the GDPR?
Answer:
Fines under the GDPR are imposed by supervisory authorities for violations of the General Data Protection Regulation. This means that only if a controller disregards the provisions of the GDPR can a fine be imposed on them.
Examples can be:
1. Lack of Lawful Basis for Processing Personal Data (Art. 5(1)(a) GDPR)
Real-world example: A Meta (Facebook, Instagram) was fined €390 million for attempting to rely on contractual necessity as a legal basis for processing user data for personalized advertising, when regulators deemed it should have been based on consent.
2. Failure to Obtain Valid Consent (Art. 6(1)(a) and Art. 7 GDPR)
A website uses pre-ticked boxes for cookies, or buries consent options deep within its privacy policy, making it difficult for users to genuinely opt-in. As an example: Amazon Europe was fined €746 million for failing to obtain proper “freely given” consent for the use of advertising cookies.
3. Insufficient Technical and Organizational Measures to Ensure Security (Art. 32 GDPR)
A company experiences a data breach due to weak security protocols, unpatched software, or lack of encryption for sensitive data. British Airways was fined £20 million after a cyberattack exposed customer data due to the company’s negligence in maintaining its security practices.