CHAPTER 8 – FLEXIBILITY AND REGULAR EVALUATION

145. The above Chapters outline a general method for the calculation of fines and shall facilitate further harmonization and transparency on the fining practice of supervisory authorities. However, this general method should not be misunderstood as a form of automatic or arithmetical calculation. The individual setting of a fine must always be based on a human assessment of all relevant circumstances of the case and must be effective, proportionate and deterrent with regard to that specific case.

146. It should be kept in mind that these guidelines cannot anticipate each and every possible particularity of a case and in this regard cannot provide an exhaustive guidance for supervisory authorities. Consequently, these guidelines are subject to regular review in order to evaluate whether their application effectively achieves the objectives called for by GDPR. The EDPB may revise these guidelines based on supervisory authorities’ further experiences in everyday practical application and may discontinue, change, limit, amend or replace these guidelines at any given time with effect for the future.