GDPR Fines: A Graphic Calculation Guide – Part 4

Your contacts

The European Data Protection Board (hereafter ‘EDPB’) has published Guidelines for the calculation of fines under the General Data Protection Regulation (GDPR). The supervisory authority retains the discretion to utilize the full fining range of GDPR fines from a point above € 0,- until the legal maximum, ensuring that the GDPR fine is tailored to the circumstances of the case. The categories for starting amounts of GDPR fines serve as starting points for further calculation of the fines and do not limit the supervisory authorities’ abilities to take into account aggravating and mitigating circumstances to an amount above or below the categories for starting amounts of GDPR fines. In this part 4 of a series of six articles, we will go through how the supervisory authority must consider the aggravating, neutral and mitigating factors (as listed in Article 83(2) GDPR,) for the further calculation of the GDPR fine.

We have prepared a pdf for you with a graphic calculation guide – part 4 (14 pages) with the following points:

  • Identification of aggravating and mitigating factors
  • Actions taken by controller or processor to mitigate damage suffered by data subjects, Articles 83(2)(c) GDPR
  • Degree of responsibility of the controller or processor, Articles 83(2)(d) GDPR
  • Previous infringements by the controller or processor, Articles 83(2)(e) GDPR
  • Previous infringements by the controller or processor and time frame, Articles 83(2)(e) GDPR
  • Previous infringements by the controller or processor and subject matter, Articles 83(2)(e) GDPR
  • Previous infringements by the controller or processor and other considerations, Articles 83(2)(e) GDPR
  • Degree of cooperation with the supervisory authority in order to remedy the infringement and mitigate the possible adverse effects of the infringements, Articles 83(2)(f) GDPR
  • The way the infringement became known to the supervisory authority, Articles 83(2)(e) GDPR
  • Compliance with measures previously ordered with regard to the same subject matter, Articles 83(2)(i) GDPR
  • Adherence to approved codes of conduct or approved certification mechanisms, Articles 83(2)(j) GDPR
  • Other aggravating and mitigating circumstances, Articles 83(2)(k) GDPR

Please click on the button below to download the pdf:

Download PDF

Share post

most read


MLL Legal

MLL Legal is one of the leading law firms in Switzerland with offices in Zurich, Geneva, Zug, Lausanne, London and Madrid. We advise our clients in all areas of business law and stand out in particular for our first-class industry expertise in technical-innovative specialist areas, but also in regulated industries.

MLL Meyerlustenberger Lachenal Froriep


Much is still unclear in relation to liability questions around AI tools.

Read our latest post about “Liability during the Lifecycle of an AI Tool” and download our white paper.

Show article.

Our Story

MLL Legal is a leading Swiss law firm with a history that dates back to 1885. The firm has grown both organically and by means of strategic mergers, the latest of which took place on 1st July 2021 between Meyerlustenberger Lachenal and FRORIEP.

The merger establishes MLL Legal, a combined new entity as one of the largest commercial law firms in Switzerland with 150 lawyers in four offices in Switzerland and two offices abroad, in London and Madrid serving clients seeking Swiss law advice.

Our firm has a strong international profile and brings together recognised leadership and expertise in all areas of law affecting commerce today, with a focus on high-tech, innovative and regulated sectors. 

About us


Click here for our latest publications


Read all our legal updates on the impact of COVID-19 for businesses.

COVID-19 Information

Job openings

Looking for a new challenge?

Our talented and ambitious teams are motivated by a common vision to succeed. We value open and straightforward communication accross all levels of the organisation in a supportive working environment.

Job openings

Firm News

Click here for our latest firm news.

Our Team

The regulatory and technological landscape continually require businesses to adapt and evolve.
Our 150+ lawyers are continuously innovating and striving for improvement in everything they do. We embrace new ideas and technologies, combining our wealth of expertise with creative thinking and diligence. With our hands-on approach, we implement viable solutions for the most complex legal challenges.

Our Team.

LexCast – the podcast series by MLL NexGen

Smart legal education on the go. The LexCast hosted by MLL NexGen provides legal insights in a short format that allows listeners to educate themselves on and about legal issues wherever they are and whenever they find the time.

Listen to our podcast series – stay tuned.

MLL Legal on Social Media

Follow us on LinkedIn, Twitter und Instagram.