Agent · dataforordningen-2023-2854-40

Dataförordningen artikel 40: Penalties

What is an agent? Agents execute decisions.

Structural tree: the article's own paragraphs, verbatim.

Also searched as: Data Act article 40 · EU data regulation article 40 · Regulation (EU) 2023/2854 article 40

CELEX 32023R2854 · 2026-08-18 · Weight 76 · minimal-risk

ExtendedOperational weight but lower priority. Metered by volume, not per call, once metering is switched on.

DataförordningenOfficial source

Inputs

• in_scopeThe article applies to the situationboolean
• punktParagraph of the articleenum (1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14)

Rule tree

1. If: alla(in_scope = true, punkt = 1)

   Paragraph 1 addressed to the Member States, no direct obligation for businesses

   1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.

   Paragraph 1

2. If: alla(in_scope = true, punkt = 2)

   Paragraph 2 addressed to the Member States, no direct obligation for businesses

   2. Member States shall by 12 September 2025 notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them. The Commission shall regularly update and maintain an easily accessible public register of those measures.

   Paragraph 2

3. If: alla(in_scope = true, punkt = 3)

   Paragraph 3 addressed to the Member States, no direct obligation for businesses

   3. Member States shall take into account the recommendations of the EDIB and the following non-exhaustive criteria for the imposition of penalties for infringements of this Regulation:

   Paragraph 3

4. If: alla(in_scope = true, punkt = 4)

   Paragraph 4 applies

   (a)

   Paragraph 4

5. If: alla(in_scope = true, punkt = 5)

   Paragraph 5 applies

   the nature, gravity, scale and duration of the infringement;

   Paragraph 5

6. If: alla(in_scope = true, punkt = 6)

   Paragraph 6 applies

   (b)

   Paragraph 6

7. If: alla(in_scope = true, punkt = 7)

   Paragraph 7 applies

   any action taken by the infringing party to mitigate or remedy the damage caused by the infringement;

   Paragraph 7

8. If: alla(in_scope = true, punkt = 8)

   Paragraph 8 applies

   (c)

   Paragraph 8

9. If: alla(in_scope = true, punkt = 9)

   Paragraph 9 applies

   any previous infringements by the infringing party;

   Paragraph 9

10. If: alla(in_scope = true, punkt = 10)

    Paragraph 10 applies

    (d)

    Paragraph 10

11. If: alla(in_scope = true, punkt = 11)

    Paragraph 11 applies

    the financial benefits gained or losses avoided by the infringing party due to the infringement, insofar as such benefits or losses can be reliably established;

    Paragraph 11

12. If: alla(in_scope = true, punkt = 12)

    Paragraph 12 applies

    (e)

    Paragraph 12

13. If: alla(in_scope = true, punkt = 13)

    Paragraph 13 applies

    any other aggravating or mitigating factor applicable to the circumstances of the case;

    Paragraph 13

14. If: alla(in_scope = true, punkt = 14)

    Paragraph 14 applies

    (f)

    Paragraph 14

If no rule matches: The article is not stated to apply, or no paragraph is selected. The agent abstains rather than guesses.

The article text as read

1. 11. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.
2. 22. Member States shall by 12 September 2025 notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them. The Commission shall regularly update and maintain an easily accessible public register of those measures.
3. 33. Member States shall take into account the recommendations of the EDIB and the following non-exhaustive criteria for the imposition of penalties for infringements of this Regulation:
4. 4(a)
5. 5the nature, gravity, scale and duration of the infringement;
6. 6(b)
7. 7any action taken by the infringing party to mitigate or remedy the damage caused by the infringement;
8. 8(c)
9. 9any previous infringements by the infringing party;
10. 10(d)
11. 11the financial benefits gained or losses avoided by the infringing party due to the infringement, insofar as such benefits or losses can be reliably established;
12. 12(e)
13. 13any other aggravating or mitigating factor applicable to the circumstances of the case;
14. 14(f)

No legal advice. Deterministisk regeluppslagning. Ingen juridisk rådgivning, inget efterlevnadsbeslut, ingen bedömning av ett enskilt ärende.

Citation: 32023R2854 art. 40, Penalties. NovaCopilot, https://legal.exploreworldai.com/agent/dataforordningen-2023-2854/artikel-40 (hämtad 2026-08-18, bevis sha256:73de63692295b4bc, bygge legal-2026-11-02).