Article 83 - General conditions for imposing administrative fines

1 pending referral

Referral C-458/25 (Onderwijsgroep Zusters der Christelijke Scholen Zuid-Kempen, 11 Jul 2025)

1 preliminary ruling

Judgment of 13 Feb 2025, C-383/23 (ILVA)

 Article 83(4) to (6) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), read in the light of recital 150 of that regulation,   must be interpreted as meaning that the term ‘undertaking’ in those provisions corresponds to the concept of ‘undertaking’, within the meaning of Articles 101 and 102 TFEU, with the result that, where a fine for infringement of Regulation 2016/679 is imposed on a controller of personal data which is or forms part of an undertaking, the maximum amount of the fine is to be determined on the basis of a percentage of the undertaking’s total worldwide annual turnover in the preceding business year. The concept of ‘undertaking’ must also be taken into account in order to assess the actual or material economic capacity of the recipient of the fine and thus to ascertain whether the fine is at the same time effective, proportionate and dissuasive.  

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