The largest GDPR fine to date was issued by French authorities to Google in January 2019. Breaching the GDPR can cost you up to €20m or 4% of annual global turnover. The Italian DPA Garante issued €27,8 million GDPR fine for quite an extensive list of violations. GDPR regulators also examine whether the affected company adhered to the statutory codes of conduct or is qualified under appropriate certifications, In some instances, authorities may apply relevant criteria apart from the ones listed above such as the financial impact the company experienced as a result of the violation, Be proactive and avoid GDPR fines by booking a, Get your Frequently Asked Questions (FAQ) about GDPR answered with our detailed, Download your GDPR and ePrivacy Regulation, Secure Privacy: GDPR, CCPA & Privacy Compliance for websites. In another GDPR penalty involving a British firm, the … To be fair, Germany had two multimillion fines toping little over €24 million (€9.55 million GDPR fine for 1&1 Telecom and €14.5 million GDPR fine to Deutsche Wohnen SE). The Polish data protection agency, known as the UODO, only issued its first GDPR fine on March 26, a €220,000 fine to an unnamed firm. The Hamburg Commissioner for Data Protection and Freedom of Information (BfDI) issued a €35,3 (or $41,5) million fine to Swedish retail conglomerate Hennes & Mauritz – H&M, for the violation of the General Data Protection Regulation (GDPR). However, it could have been much larger: GDPR violations can incur fines of up to 4 … Google holds the unwanted tag of being the first victim of the first biggest GDPR fine. Similarly, as with the lower level of fines, there are ma… The ICO also recognizes the steps taken by Marriott following discovery of the incident to promptly inform and protect the interests of its guests.”. At the beginning of 2019, the Austrian Data Protection Authority announced that it had enforced a fine on the country’s Post for illegally selling consumer data in violation of GDPR requirements. The Google fine is far and away the largest penalty issued since the GDPR went into effect last May. Lesson 1: Expect more GDPR fines in 2019. The UK’s Information Commissioner’s Office (ICO) announced its plan to fine the Airline after users of British Airways’ website were diverted to a fraudulent site. This fine is unique in the sense that it does not involve a data breach as is the case with both Marriott Hotels and British Airways. Although it is not illegal under the GDPR, the Austrian Post was also found to have processed information on package frequency and the rate of relocations for direct marketing objectives. Since the report, the numbers have gone up. They have contacted non-customers multiple times (certain numbers over 150 times per month) without proper consent or other legal bases. Certification; GDPR regulators also examine whether the affected company adhered to the statutory codes of conduct or is qualified under appropriate certifications, Other; In some instances, authorities may apply relevant criteria apart from the ones listed above such as the financial impact the company experienced as a result of the violation. Furthermore, this regulation has a wide reach, even outside of the European union. The scope also extends to compliance with the eight data subject privileges that consumers enjoy under the GDPR. And then there are the substantial fines and penalties mandated by GDPR for non-compliance with the regulation. There are also some GDPR fines (7 in total), where the amounts were not made public, so we cannot include them. Instead, Google was fined by the French regulator for failing to make their consumer data processing statements easily accessible to users and employing obscure language. Such infringements can cost up to 20 million Euros or 4% of the company’s global revenue, whichever is higher. In another GDPR penalty involving a British firm, the Information Commissioner’s Office (ICO) fined Marriot after the international hotel chain after a hack dating back to 2014 was discovered at the tail end of 2018. Lower level GDPR fines are enforced as a result of either a data breach or the failure to implement a Data Protection Impact Assessment (DPIA). © Secure Privacy 2020. Marriott remains committed to the privacy and security of its guests’ information and continues to make significant investments in security measures for its systems, as the ICO recognizes. After the General Data Protection Regulation (GDPR) came into effect in May 2018, companies operating in the EU were required to change their data processing practices or face the possibility of heavy fines for non-compliance. Few million individuals were affected by their aggressive marketing strategy. Since coming into effect in 2018, the General Data Protection Regulation (GDPR) has … The H&M management apologized to its staff and agreed to compensate the affected employees. The €50 Million was issued on the basis of “lack of transparency, inadequate information, and lack of valid consent regarding ads personalization.” There are two GDPR penalty levels: the lower level GDPR penalty covers up to € 10 million or 2% of worldwide annual income for the previous year, whichever is higher. UK organisations had been issued right five fines, totaling €640,000, by the Files Commissioner. While it is true that the largest fines issued under the GDPR have typically been large businesses (i.e. GDPR: The 6 Biggest Fines Enforced by Regulators So Far, However, about 30% of companies in the EU are yet to comply with GDPR, more than a year after this law came into effect. these requirements were deemed insufficient for authentication and protection of consumer information as required by article 32 of the GDPR. Two tiers of GDPR fines The GDPR states explicitly that some violations are more severe than others. Google fined €50 million by CNIL In 2019 Google was fined €50 million by the French Data Protection Authority CNIL for breaching GDPR. We recommend you read an entire article that explains violations in detail: hbspt.cta.load(5699763, '6680ce94-947d-4fb2-9f28-7d6aa4b9f485', {}); In July 2019, the ICO initially announced its intention to issue €204,6 million (£183.39 million) to British Airways for violation of Article 31 of the GDPR. In October 2019, the largest GDPR fine was issued against a real estate company, Deutsche Wohnen SE by the Berlin Commissioner for Data Protection and Freedom of information. The personal data included medical records including diagnoses and symptoms of the illness as well as private details about vacation and family affairs. Please note that we only list GDPR fines, i.e. The German appeals court has reduced the fine to a relatively affordable €900,000, citing the lack of sensitive data available as a primary reason. After more than a year, there is finally a conclusion to the ICO investigation, the fine is settled from a massive £99 million to £18, 4million. The 2018 data breach that exposed the personal information of over 400,000 British Airways customers will cost the company £20 million, in the form of one of the largest GDPR fines to date. Likewise, fines for greater infringements may reach up to 20,000,000 EUR or up to 4% of the total worldwide annual turnover. Since we don’t want to repeat ourselves (too much), you can read more about GDPR fine in general in our glossary. Google failed to provide enough information to users about consent policies and did not give them enough control over how their personal data is processed. The rough amount of all GDPR fines issued so far is currently a little bit over €220 million, which is not a staggering number, and that is if we include recent Marriot and British Airways fines. This would no longer encompass two potentially huge fines that are pending review. Last year, the French data regulator, CNIL, fined Google €50m for … According to PreciseSecurity analysis, the top ten biggest GDPR fines combined amount to $443.7 million. ✅ central management and connectivity with other systems ✅ collaboration through all organizational units ✅ automated data removal ✅ managing compliant record of processing activities ✅ risk-free third-party management. Interestingly, both the smallest and the biggest fine to this date was issued to Google. An important takeaway from the recent ICO decision to reduce fine for British Airways shows that regulators are adjusting to the special circumstances of the current global situation. To avoid this type of fine, companies are required to institute an enhanced level of security, show cooperation with authorities, carry out a DPIA, and possibly recruit a Data Protection Officer (DPO). If we look at the activity of all EU data protection authorities, head and shoulders above everybody is the Spanish Data Protection Authority (AEPD) with 158 fines, starting from €540, with the highest fine in the amount of €125 000- all together AEPD issued over €3,85 million in fines. In July 2019, the ICO initially announced its intention … The largest and highest GDPR fines. However, about 30% of companies in the EU are yet to comply with GDPR, more than a year after this law came into effect. Marriott International Hotels (110.3M Euros). The fine was related to the cyber attack, in which personal data of over 339 million guest records, were exposed. The ICO stated that a “variety of information was compromised by poor security arrangements at the company, including login, payment card, and travel booking details as well name and address information.”. What was announced as the biggest GDPR fine every set in the UK, ended up being reduced to £20 million, in the light of a recent COVID-19 pandemic and the effect it had on the airline industry. We will also look at two important documents from the EU and the Dutch DPA that contain clues about what GDPR fines will look like in the future. The total number of GDPR fines in 2020 is 19, and when we look in terms of Euros, we see that this number is 135.253.736 € in 2020. The Italian Data Protection Authority (Garante) imposed two fines totaling €11.5 million on Eni Gas and Luce. These fines show that, although maintaining data security is vital, the GDPR also focuses on individual data privacy rights and transparency. Research from the beginning of the year by the DLA Piper: GDPR data breach survey January 2020, reported there had been 160,921 personal data breaches within the EEA, from May 25, 2018, up until January 2020. hbspt.cta.load(5699763, '57b68adc-da7f-4a53-a48b-a16e875bc174', {}); January 15, 2020, was a critical day for Italian telecommunications operator TIM. The less severe infringements could result in a fine of up to €10 million, or 2% of the firm’s worldwide annual revenue from the preceding financial year, whichever amount is higher. Italy – Eni Gas and Luce (EGL) – €3,000,000 Through this dubious site, data belonging to around 500,000 consumers was harvested by the hackers. Try a 14-day free trial of the Data Privacy Manager and experience how you can simplify managing records of processing activities and risk assignment! Additionally, it should also have done more to safeguard its systems. Last year, France’s data protection watchdog fined Google €50 million (U.S. $57 million) for GDPR violations. What remains to be seen is will other data protection authorities follow? Try Data Privacy Manager and experience how you can simplify managing records of processing activities, third-parties, or data subject requests! According to the ICO, the incident is believed to have started in June 2018 and different categories of personal information were compromised as a result of negligent arrangements at the company. According to the ICO official statement “…investigation found the airline was processing a significant amount of personal data without adequate security measures in place. Despite the 160 something thousand violations reported to the data protection authorities. The GDPR fine against H&M is among the largest ever. Out of those 339 million individuals, 31 million were residents of the EEA. The personal information included name, surname or company name; tax code or VAT number; telephone line; address; contact details. Which is why we are tracking the size and reasons for the biggest GDPR fines of 2020 – to help you avoid them! Following the first major GDPR-related financial penalty against internet giant Google, the world seems to have been waiting with bated breath for the next major fine to dwarf the €50 million (U.S. $56.3 million) France’s data regulator meted out in January. Post-GDPR, now companies can expect signifcantly higher fines of up to: On October 30, 2020, the ICO issued a penalty notice explaining their decision. Also Read: Four Biggest GDPR Fines of 2020 , research data shows that over 200,000 cases of GDPR non-compliance have been lodged since this law came into effect. Here’s the top three largest GDPR fines since launch: 1. The three biggest data breaches make up almost 90 per cent of this sum. According to the BfDI, the fine was enforced after it was discovered that callers to the firm’s call center could retrieve consumer data by simply providing their name and date of birth. Be proactive and avoid GDPR fines by booking a call with us today for a complete demo of our compliance solution that will be customized to your unique business needs. The National Authority for Data Protection and Freedom of Information has issued 32 fines to date. If confirmed, the proposed fine (equating to 1.5% of BA’s worldwide turnover in 2017) shows that the threat of huge GDPR fines is real in appropriate circumstances. The maximum fines for data breaches have significantly increased since GDPR was introduced. Marriot International Hotels – 110.3m Euros, ; authorities examine aspects such as the number of affected parties, the level of damage, and the duration of the infringement, ; in this case, investigators assess whether the violation was purposeful or an outcome of unpreparedness, ; this aspect focuses on the measures adopted to minimize the damage caused to data subjects, this context involves an evaluation of the preparedness of the affected organization to avoid GDPR violations, ; A company’s history when it comes to both the EU Directive and the GDPR is examined, ; Authorities consider the degree of cooperation exhibited by the affected company in remediating the infringement, ; Another crucial consideration in the determination of a GDPR fine is the kind of personal information involved during a violation. The report continues with the highest GDPR fines among EU member states, with France, Austria, and Germany as leading countries that issued the biggest GDPR fines so far, but with mostly one big penalty. However, by the end of 2020, Italy has issued almost €70 million in fines, showing that the Italian Garante is ready to tackle serious GDPR violations with high penalties, leaving behind Germany, France, and the UK. The fine was therefore issued on the account of lack of transparency on how the data were harvested from data subjects and used for ad targeting. The scope of their illegal activities is hard to ignore. It is the second-largest fine a single company has faced under EU GDPR rules. The activities involved: Improper management of consent lists ❌Excessive data retention ❌Data Breaches ❌Lack of proper consent ❌Violation of GDPR rights. no fines imposed under (1) national / non-European laws, (2) non-data protection laws (e.g. Furthermore, research data shows that over 200,000 cases of GDPR non-compliance have been lodged since this law came into effect. In their penalty notice, the ICO explains the reasons behind the decision taking into account a range of mitigating factors and the impact of the Covid-19 pandemic. All Rights Reserved. On 21 January 2019, the French National Commission on Informatics and Liberty or CNIL, fined Google with a €50 million fine. The penalty was handed out as a result of the company failing to establish adequate technical and organizational measures to safeguard consumer information in its call center environments. How to maximize the potential of live demo before buying the software. This is the second largest GDPR fine imposed on a single company. Investigators established that the Austrian Post had reviewed consumer information to determine whom would vote for which political party they may support and traded that data. Regulators consider ten crucial factors to determine the severity of a GDPR fine. The affected data included in login and travel booking details, names, addresses, as well as credit card information including card numbers, expiry dates, and the three-digit CVV code. The €8.5 million fine was imposed because the company unlawfully processed personal data during an advertising campaign and had poor controls over and protections of personal data. In another case, British Airways was hit with an original fine of $230 million but said in late July it may qualify for a nearly 90 percent reduction, bringing it down to $26 million. Furthermore. In 2020, Marriott suffered another data breach, this time affecting 5.2 million individuals. Marriott was given a proposed fine of €107,000,000 for a breach in 2018 that saw 383 million guest … Notification; Whether an infringement was proactively reported or is another core criterion used in the determination of a GDPR fine. It’s the largest GDPR fine since CNIL, France's data protection authority, fined Google 50 million Euros in January 2019, alleging the way the company handles ad personalization violates the GDPR. Additionally, Google was found guilty of not seeking consent from consumers to use their data for its ad targeting campaigns, which is illegal under the GDPR. For example, the non-performance of a DPIA when needed, not keeping records of processing activities or failing to maintain proper IT-security. The fine is the highest GDPR penalty levied in Germany since the legislation come into force in 2018, and the second highest of its kind throughout the continent. They include any violation of the articles governing: At the time of writing, this is c urrently the largest GDPR fine on record. The severity of the fine was compounded by the firm’s track record as Deutsche Wohnen SE had already faced compliance issues in 2017. However, the total amount of issued GDPR fines does not really follow those numbers. the largest fine issued was against British Airways for 204,600,000 EUR in July 2019), small businesses are not ignored by the supervisory bodies that assess GDPR fines and penalties. Before examining the fines in detail, it is important to provide context on how GDPR penalties work. British Airways – £183.39 million. In October 2020, three of the largest ever fines for breaches of the EU General Data Protection Regulation (“GDPR”) were imposed by data protection authorities in the … Last year, the French data regulator, CNIL, fined Google €50 Mn (around US$57 million) for breaching the GDPR. In those few months, the British Airways website diverted users’ traffic to a hacker website, which resulted in hackers stealing personal data of more than 400.000 customers. Marriott also commented on the decision on their official website stating: “Marriott deeply regrets the incident. Marriott international exposed itself to the cyber-attack after the acquisition of the Starwood hotels group. In October 2020, three of the largest ever fines for breaches of the EU General Data Protection Regulation (“GDPR”) were imposed by data protection authorities in the EU. While this fine has also not officially been enforced yet, it certainly … The largest GDPR fine to date was issued by French authorities to Google in January 2019. Penalties under the GDPR fall into two broad categories: companies can incur fines of up to 10 million Euros or 2% of the previous year’s global revenue, whichever value is greater, for such violations. The issue became public after a technical error, the data on the company’s’ network drive was accessible to everyone in the company for a few hours and the press picked up the news making the Commissioner aware of the violation. The frequent penalty within the UK is €160,000. This failure broke data protection law and, subsequently, BA was the subject of a cyber-attack during 2018, which it did not detect for more than two months.”, The company had inadequate security mechanisms to prevent such cyber-attacks from happening. Under the Data Protection Act (DPA), £500,000 used to be the maximum penalty. Before we jump over to the fines, a quick recap; there are two levels of GDPR fines: • the lower level is up to €10 million, or 2% of the worldwide annual revenue from the previous year, whichever is higher • the upper level is twice that size or €20 million and 4% of the worldwide annual revenue. There are two tiers of fines: … On October 1, 2020, the Data Protection Authority of Hamburg (the Hamburg DPA) announced that it had fined a German subsidiary of the clothing retailer H&M (H&M Germany) €35.2 million (approximately US $41 million at the time of writing) for data protection violations relating to the excessive monitoring of “several hundred employees”. The Commission nationale de l’informatique et des libertés (CNIL), France’s data protection authority (DPA), has levied a €50 million fine against Google for allegedly violating the GDPR’s transparency, information, and consent requirements in deploying targeted advertisements. Whether an infringement was proactively reported or is another core criterion used in the determination of a GDPR fine. GDPR fines are like buses: You wait ages for one and then two show up at the same time. They include: The type of violation; authorities examine aspects such as the number of affected parties, the level of damage, and the duration of the infringement, Intention; in this case, investigators assess whether the violation was purposeful or an outcome of unpreparedness, Mitigation; this aspect focuses on the measures adopted to minimize the damage caused to data subjects, Preventive Measures; this context involves an evaluation of the preparedness of the affected organization to avoid GDPR violations, Track record; A company’s history when it comes to both the EU Directive and the GDPR is examined, Cooperation; Authorities consider the degree of cooperation exhibited by the affected company in remediating the infringement, Data Type; Another crucial consideration in the determination of a GDPR fine is the kind of personal information involved during a violation. Get your Frequently Asked Questions (FAQ) about GDPR answered with our detailed summary, Download your GDPR and ePrivacy Regulation e-book directly into your inbox now, On September 13, 2019, California’s legislature ratified Assembly Bill 25 (AB-25), which is expected to…, The final version of the General Data Protection Law (LGPD), was ratified by the Brazilian…. The case is pretty interesting since the company collected sensitive personal data of their employees through whispering campaigns, gossip, and other sources to create profiles of employees and used that data in the employment process. hbspt.cta.load(5699763, '2e44fb5a-1939-4a30-986f-0a0482178794', {}); In July 2019, ICO issued an intent to fine Marriott International more than £99 million for infringements of the GDPR. competition laws / electronic communication laws) and (3) "old" pre-GDPR-laws.. The company was fined for violating Article 25 and Article 5 of the GDPR whereby the company lacked legitimate reasons to hold sensitive consumer data longer than necessary. As the DLA Piper report is stating: “Supervisory authorities across Europe have been staffing up their enforcement teams and getting to grips with the new regime.”. The ICO concluded that Marriott failed to undertake sufficient due diligence after the acquisition and should have implemented appropriate security measures. The hack exposed sensitive personal information including credit card details, passport numbers, as well as dates of birth belonging to over 300 million clients of which 30 million were EU residents. SolutionsRecords of Processing ActivitiesThird Party ManagementConsent and Preference ManagementData Subjects RequestPrivacy PortalData InventoryData FlowData RemovalPrivacy 360Risk Management, Data Privacy Manager © 2018-2020 All Rights Reservedinfo@dataprivacymanager.net, Harbor cooperation between DPO, Legal Services, IT and Marketing, Guide your partners trough vendor management process workflow, Consolidate your data and prioritize your relationship with customers, Turn data subjects request into an automated workflow, Allow your customers to communicate their requests and preferences at any time, Discover personal data across multiple systems, Establish control over complete personal Data Flow, Introducing end-to end automation of personal data removal, Clear 360 overview of all data and information, Identifying the risk from the point of view of Data Subject, Data Privacy Manager © 2018-2020 All Rights Reserved, DLA Piper: GDPR data breach survey January 2020, €14.5 million GDPR fine to Deutsche Wohnen SE, What is Data Subject Access Request (DSAR), British Airways fine for 2018 data breach reduced to £20 million, Sensitive personal data – special category under the GDPR, 7 Data Protection Officer (DPO) challenges in 2020, GDPR Requirements for Compliant Data Erasure. At the beginning of December 2019, 1&1 Telecommunications was fined 9.5 million Euros by Germany’s Federal Commissioner for Data Protection and Freedom of Information (BfDI). The incident occurred in July 2018 but was only discovered in September 2018. After investigations were concluded, the ICO found that Marriott failed to perform adequate due diligence when it bought Starwood. British Airways – €22 000 000. How to Conduct GDPR Compliant Data Removal? Read more about the second Marriot breach: hbspt.cta.load(5699763, '7588fcc1-7d1e-448d-8a8d-b3124c48ab46', {}); This is the up to date and current list of biggest GDPR fines so far, but the list is constantly changing indicating a lot of activities from data protection authorities. Just days after a record fine for British Airways, the ICO issued a second massive fine over a data breach. These kinds of fines encompass consent to process personal information, inclusive of consent to handle special categories of data. 1&1 Telecom GmbH was originally assessed a fine of €9.55 million last December for a data breach involving lax company policies about releasing personal information. There are a variety of different reasons that can trigger the lower level fines. GDPR fines for lesser infringements may reach up to 10,000,000 EUR or up to 2% of the total worldwide annual turnover. This is the biggest GDPR fine to this date, issued for violation of: • Information to be provided where personal data are collected from the data subject – Article 13, • Information to be provided where personal data have not been obtained from the data subject – Article 14, • Lawfulness of processing – Article 6, • and Principles relating to the processing of personal data – Article 5. 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