Fines and Penalties for Non-Compliance: DSA and the GDPR

In the digital age, regulations and directives have been established to protect consumers and ensure a level playing field for businesses. Two significant pieces of legislation in this realm are the Digital Services Act (DSA) and the General Data Protection Regulation (GDPR). This article provides a brief overview of each and outlines the fines and penalties associated with non-compliance.

1. Digital Services Act (DSA):

The DSA is a proposed regulation by the European Commission aimed at addressing the challenges posed by digital services. It focuses on issues related to illegal content, transparency obligations, and ensuring a safer online environment.

Fines and Penalties:

For non-compliance with DSA obligations, companies can face fines of up to 6% of their global annual turnover.

For systematic breaches of the regulation, fines can go up to 1% of the company’s global annual turnover.

2. General Data Protection Regulation (GDPR):

The GDPR is a regulation that focuses on data protection and privacy for individuals within the European Union (EU) and the European Economic Area (EEA). It addresses the transfer of personal data outside these regions and gives individuals control over their personal data.

Fines and Penalties:

Minor infringements can result in fines of up to €10 million or 2% of the company’s global annual turnover, whichever is higher.

Severe infringements can lead to fines of up to €20 million or 4% of the company’s global annual turnover, whichever is higher.

Conclusion:

Both the DSA and GDPR require companies to appoint a representative within the EU if certain conditions are met. Failure to comply with these regulations can lead to substantial financial penalties, highlighting the critical need for companies to fully understand and adhere to these legal requirements. Please contact us to discuss how we can serve as your legal representative and ensure your compliance with these regulations.

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