Article 100: Administrative fines on Union institutions, bodies, offices and agencies

Article 100 creates a dedicated fine regime for Union institutions, bodies, offices and agencies, imposed by the European Data Protection Supervisor. It is distinct from:

• Article 99, national penalties on operators, including EUR 35 000 000 or 7% under 99(3) for Article 5 and EUR 15 000 000 or 3% under 99(4);
• Article 101, Commission fines on GPAI model providers, a single ceiling of EUR 15 000 000 or 3%.

The amounts are flat, with no turnover percentage:

| Infringement | Ceiling | |---|---| | Prohibited practices under Article 5 | EUR 1 500 000 | | Any other obligation under the Regulation | EUR 750 000 |

Because there is no percentage limb, the SME rules in Article 99(6) and the small mid-cap rule in Article 99(6a) have nothing to operate on here.

• Article 5: the prohibition whose breach carries the EUR 1 500 000 ceiling.
• Article 99: the national penalty regime for operators, which Article 100 sits alongside rather than inside.
• Article 101: fines for GPAI model providers, which an earlier version of this page described here by mistake.
• Article 113: dates of application.

1. Map the institution's AI systems against Articles 5, 6 and 50. 2. Decide who owns the file, since the EDPS addresses the institution, not a vendor. 3. Note what the EDPS must weigh: the nature, gravity and duration of the infringement, the degree of responsibility, mitigation, cooperation, similar previous infringements, how the infringement came to light, and the annual budget of the institution. 4. Preserve the right to be heard and access to the file.

Article 100

Administrative fines on Union institutions, bodies, offices and agencies

1. The European Data Protection Supervisor may impose administrative fines on Union institutions, bodies, offices and agencies falling within the scope of this Regulation. When deciding whether to impose an administrative fine and when deciding on the amount of the administrative fine in each individual case, all relevant circumstances of the specific situation shall be taken into account and due regard shall be given to the following:

(a) the nature, gravity and duration of the infringement and of its consequences, taking into account the purpose of the AI system concerned, as well as, where appropriate, the number of affected persons and the level of damage suffered by them;

(b) the degree of responsibility of the Union institution, body, office or agency, taking into account technical and organisational measures implemented by them;

(c) any action taken by the Union institution, body, office or agency to mitigate the damage suffered by affected persons;

(d) the degree of cooperation with the European Data Protection Supervisor in order to remedy the infringement and mitigate the possible adverse effects of the infringement, including compliance with any of the measures previously ordered by the European Data Protection Supervisor against the Union institution, body, office or agency concerned with regard to the same subject matter;

(e) any similar previous infringements by the Union institution, body, office or agency;

(f) the manner in which the infringement became known to the European Data Protection Supervisor, in particular whether, and if so to what extent, the Union institution, body, office or agency notified the infringement;

(g) the annual budget of the Union institution, body, office or agency.

2. Non-compliance with the prohibition of the AI practices referred to in Article 5 shall be subject to administrative fines of up to EUR 1 500 000.

3. The non-compliance of the AI system with any requirements or obligations under this Regulation, other than those laid down in Article 5, shall be subject to administrative fines of up to EUR 750 000.

4. Before taking decisions pursuant to this Article, the European Data Protection Supervisor shall give the Union institution, body, office or agency which is the subject of the proceedings conducted by the European Data Protection Supervisor the opportunity of being heard on the matter regarding the possible infringement. The European Data Protection Supervisor shall base his or her decisions only on elements and circumstances on which the parties concerned have been able to comment. Complainants, if any, shall be associated closely with the proceedings.

5. The rights of defence of the parties concerned shall be fully respected in the proceedings. They shall be entitled to have access to the European Data Protection Supervisor's file, subject to the legitimate interest of individuals or undertakings in the protection of their personal data or business secrets.

6. Funds collected by imposition of fines in this Article shall contribute to the general budget of the Union. The fines shall not affect the effective operation of the Union institution, body, office or agency fined.

7. The European Data Protection Supervisor shall, on an annual basis, notify the Commission of the administrative fines it has imposed pursuant to this Article and of any litigation or judicial proceedings it has initiated.

The recitals of the consolidated Regulation on EUR-Lex explain why Union institutions are brought inside the fine framework. An earlier version of this page attached the recitals on centralised GPAI enforcement to Article 100. Those concern Article 101. Use the official preamble on EUR-Lex and do not rely on unofficial recital lists without checking against the authentic text.