Subgroup on the Calculation of the Fine Meeting
07 September 2018, EDPB premises, Brussels
1. Welcome & introduction
Adoption of Agenda
The draft agenda was approved.
Adoption of the Minutes of 16 May 2018
The minutes of the meeting of 16th of May 2018 were approved.
2. Practice so far
The members of the Subgroup reported on the status of the fining practice in their respective DPAs.
They elaborated on whether their DPA has the power to fine, if they have (internal) fining guidelines,
if they have already imposed a fine under GDPR or if their DPAs are currently pursuing cases that are
likely to result in a fining decision. In conclusion, in most Member States the national laws
implementing the GDPR are in place now and most DPAs have the power to fine. No DPA has issued a
fine under the GDPR yet. Some DPAs have pending cases which wil have to be solved according to
their former national law. Most DPAs do not have (updated) internal guidelines on calculating fines
yet. Furthermore, the members discussed the possibility to fine public bodies according to their
national laws. In certain Member States fines cannot be imposed on public bodies or the amount of
the fine is restricted to a certain amount.
3. Case register
The Secretariat informed the members of the Subgroup on the outcome of a request to the European
Parliament, if it was possible to provide an online platform on which the DPAs can share basic
information on cases in which they imposed fines. The Secretariat asked for more specific
requirements this platform is to comply with. Since the platform wil be provided by the European
Parliament’s or European Commission’s IT-service, every change wil cost money and the needs of the
subgroup should be clearly identified.
After a short discussion on the need of a filter functionality, whether or the not the name of the
control er can/must be published and the impacts of freedom of information legislation, it was agreed
that the draft for a register for the last meeting wil be sent again. The members of the subgroup are
given two weeks to comment and give information whether the draft complies with their national
6. AOB, conclusion
The coordinators wil draft an info note on the state of play for the plenary. The deadline is the 13th
- The draft case register wil be resent for comments by the Secretariat.
Annex: Attendance List
AT, DE (Federal, Länder), DK, EE, ES, FR, HR, HU, IE, IT, LU, MT, NL, PL, RO, SE, SI, UK, EDPS