Article
To Fine Or Not To Fine: EDPB Confirms Default Position In GDPR Enforcement Should Be To Fine
The European Data Protection Board has published draft guidelines proposing a fundamental shift in GDPR enforcement: a presumption that fines should be imposed for non-minor infringements, with a deliberately low bar for establishing negligence. Organizations will need to demonstrate robust compliance programs and documented decision-making to potentially avoid penalties, as regulators move from asking "should we fine?" to "can we justify not fining?"
Crowell & Moring LLP