§ GDPR · Article 83
GDPR Article 83: Obligations, Deadlines & Penalties
At a glance
Article 83 of the GDPR imposes 7 obligations on Member State, supervisory authority. At least one obligation carries an explicit compliance deadline.
§ Obligations
All obligations under Article 83
Obligation 1
Ensure that the imposition of administrative fines is effective, proportionate, and dissuasive in each individual case.
Regulation (EU) 2016/679, Article 83, Article 83
- Obligated entity
-
supervisory authority
- Action required
-
ensure
- Deadline
-
—
- Penalty
-
—
Obligation 2
Give due regard to specified factors such as the nature, gravity, and duration of the infringement when deciding whether to impose a fine and its amount.
Regulation (EU) 2016/679, Article 83, Article 83
- Obligated entity
-
supervisory authority
- Action required
-
consider
- Deadline
-
—
- Penalty
-
—
Obligation 3
Ensure that the total amount of administrative fines for multiple infringements of the same or linked processing operations does not exceed the amount specified for the gravest infringement.
Regulation (EU) 2016/679, Article 83, Article 83
- Obligated entity
-
supervisory authority
- Action required
-
ensure
- Deadline
-
—
- Penalty
-
—
Obligation 4
Lay down rules on whether and to what extent administrative fines may be imposed on public authorities and bodies established in that Member State.
Regulation (EU) 2016/679, Article 83, Article 83
- Obligated entity
-
Member State
- Action required
-
lay down rules
- Deadline
-
—
- Penalty
-
—
Obligation 5
Ensure that the exercise of powers under this Article is subject to appropriate procedural safeguards, including effective judicial remedy and due process.
Regulation (EU) 2016/679, Article 83, Article 83
- Obligated entity
-
supervisory authority
- Action required
-
ensure
- Deadline
-
—
- Penalty
-
—
Obligation 6
Notify the Commission of the provisions of their laws adopted pursuant to paragraph 9 by 25 May 2018.
Regulation (EU) 2016/679, Article 83, Article 83
- Obligated entity
-
Member State
- Action required
-
notify
- Deadline
-
25 May 2018
- Penalty
-
—
Obligation 7
Notify the Commission without delay of any subsequent amendment law or amendment affecting the provisions adopted pursuant to paragraph 9.
Regulation (EU) 2016/679, Article 83, Article 83
- Obligated entity
-
Member State
- Action required
-
notify
- Deadline
-
without delay
- Penalty
-
—
§ Frequently asked
Questions about Article 83
Who must comply with Article 83 of the GDPR?
+
Member State, supervisory authority.
What does Article 83 of the GDPR require?
+
ensure consider lay down rules
What is the compliance deadline for GDPR Article 83?
+
25 May 2018; without delay