Unauthorised processing or processing of individual data without a legal basis may have adverse consequences on the processor. Conscious action against the law can have negative consequences not only in the financial sphere of the breach, but besides with criminal liability.
Legality of processing of individual data
In accordance with Article 5(1)(a) and individual data must be processed in accordance with the law, reasonably and in a transparent manner for the data subject. This means, therefore, that in order to be able to process the individual data of another persons effectively and lawfully, 1 of the conditions set out in Article 6 of the GDPR must occur, namely:
- the data subject has expressed consent to process their individual data for 1 or more specified purposes;
- processing is necessary for the performance of the contractto which the data subject is simply a organization or to take action at the request of a personthe data afraid before the conclusion of the contract;
- processing is necessary to comply with the legal obligation the administrator;
- processing is necessary to defend the vital interests of the personthe data subject or any another natural person;
- processing is necessary for the performance of a public interest task or in the exercise of public authority entrusted to the controller;
- processing is necessary for the purposes of legitimate interests pursued by the controller or by a 3rd partyExcept where the interests or fundamental rights and freedoms of the data subject require the protection of individual data, in peculiar where the data subject is simply a kid are overriding.
Liability for violation of GDPR provisions
The processing of individual data without a legal basis or in a way contrary to the law involves the anticipation of administrative and civilian consequences. In principle, in accordance with Article 83 GDPR, the supervisory authority may impose administrative fines. There is besides the anticipation of being liable for damages. According to Art. 82 GDPR, any individual who has suffered material or non-material harm as a consequence of a violation of the GDPR has the right to get compensation. Importantly, compensation liability is private, which means that it concerns only the admin and the individual who suffered the damage.
Important: The maximum amount of administrative fine was determined, up to EUR 10 million, and up to 2% of the full yearly planet turnover of the erstwhile financial year for the company. The amount of the punishment imposed depends, inter alia, on the nature, gravity and duration of the infringement, as well as on the intent or involuntaryness of the infringement.
Recovery measures
Where the imposition of administrative fines is waived, corrective measures specified as:
- to give a reminder;
- order the data subject to comply with his or her rights;
- ordering the adaptation of processing operations to the GDPR provisions;
- order a notification to the data subject of the infringement;
- a temporary or complete limitation of the processing of data, including a prohibition on the processing of individual data.
GDPR and Criminal Responsibility
GDPR provisions do not presently supply for criminal liability in case of non-compliance or non-compliance with the rules laid down in this Regulation. However, Article 84(1) of the GDPR indicates that associate States are required to adopt interior rules to find penalties another than those resulting from the Regulation for infringements of the GDPR, which means that associate States may besides impose criminal sanctions.
Dear reader, we remind you that all legal matters in this substance we compose about can be complicated and frequently require the aid of a lawyer. It's worth discussing it with a lawyer before taking legal action.
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Legal basis:
Daniel Głogowski
Publicist, author and social activist. The first articles were published in 1999 for global publishers. For more than 30 years, he has gained his experience through cooperation with the largest editorial offices. In his articles, he sought to address controversial themes and present first viewpoints that allowed for a deeper knowing of the issues discussed. Over the years, he gained a reputation as a reliable journalist. Contact: kontakt@legaartis.pl
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The processing of individual data without a legal basis is subject to severe penalties:
