A recital is part of the preamble to the GDPR — it explains the reasoning and intent behind the enacting articles. Recitals are not binding in themselves but are used to interpret the Regulation.
The legal systems of Denmark and Estonia do not allow for administrative fines as set out in this Regulation. 2 The rules on administrative fines may be applied in such a manner that in Denmark the fine is imposed by competent national courts as a criminal penalty and in Estonia the fine is imposed by the supervisory authority in the framework of a misdemeanour procedure, provided that such an application of the rules in those Member States has an equivalent effect to administrative fines imposed by supervisory authorities. 3 Therefore the competent national courts should take into account the recommendation by the supervisory authority initiating the fine. 4 In any event, the fines imposed should be effective, proportionate and dissuasive.
* This title is an unofficial description.
Recital 150
Recital 152
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Source: Regulation (EU) 2016/679 (OJ L 119, 4.5.2016, p. 1), preamble. Official text reproduced from EUR-Lex — © European Union.
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