Article 40Penalties

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.

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.

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:

(a)

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

(b)

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

(c)

any previous infringements by the infringing party;

(d)

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;

(e)

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

(f)

The article continues in the official text.