CADA tracker · source extraction
Article 24
Penalties and compensation
1. Member States shall lay down the rules on penalties applicable to infringements of
this Chapter by cloud computing service providers within their competence and shall
take all measures necessary to ensure that they are implemented. The penalties
provided for shall be effective, proportionate and dissuasive. Member States shall, as
soon as possible, notify the Commission of those rules and of those measures and
shall notify the Commission of any subsequent amendment affecting them.
2. Member States shall take into account 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) infringing party’s annual turnover in the preceding financial year in the Union.
3. Recipients of the cloud computing services shall have the right to seek, in accordance
with Union and national law, compensation from cloud computing service providers
for any damage or loss suffered due to an infringement by those providers of their
obligations under this Chapter.
SECTION 4
NATIONAL COMPETENT AUTHORITIES