English
1/The Authority shall ensure that the imposition of
administrative fines pursuant to this
Proclamation is effective, proportional and
dissuasive.
2/ Notwithstanding the provision of Sub
Article
(1) of this this article while deciding to
impose administrative fines, the Authority
shall have due regard, inter alias, to the
following factors, namely :
a) Nature, duration and extent of violation;
b) Nature and extent of harm suffered by the
data subject;
c) Intentional or negligent character of the
violation;
d) Transparency and accountability measures
implemented by the data controller or the
data processor, as the case may be, including
adherence to any relevant code of practice
relating to security safeguards;
e) Action taken by the data controller or the data
processor, as the case may be, to mitigate the
damage suffered by the data subject;
f) Previous history of any, or such, violation by
the data controller or the data processor, as
the case may be;
g) Whether the arrangement between the data
controller and data processor contains
adequate transparency and accountability
measures to safeguard the personal data
being processed by the data processor on
behalf of the data controller;
h) The accrual of undue benefits which can be
measured; and
i) Any other aggravating or mitigating factor
relevant to the circumstances of the case.