Amendes RGPD et interaction avec le règlement sur les services numériques : retour sur la plénière du CEPD du 17 septembre 2026
CEPD adopts guidelines on administrative fines and interaction between DSA and GDPR.
The European Data Protection Board (EDPB) has adopted new guidelines concerning the administrative fine powers of Data Protection Authorities (DPAs) and the interaction between the Digital Services Act (DSA) and the GDPR. The guidelines outline a five-step process for DPAs to determine and impose administrative fines, considering intent, negligence, aggravating, and mitigating circumstances. They also clarify corrective measures available to DPAs and provide practical examples. The final guidelines on the DSA-GDPR interaction aim to ensure consistent application of both regulations, particularly for intermediary service providers processing personal data.
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The lesson from this incident
Full lessonThe European Data Protection Board has formalized a five-step methodology for Data Protection Authorities to calculate and impose administrative fines under the GDPR, incorporating intent, negligence, and aggravating or mitigating factors. This matters because organizations operating across the EU must now anticipate a more structured and consistent enforcement approach, leaving less room for ambiguity when regulators assess violations. The additional guidelines clarifying the interaction between the Digital Services Act and the GDPR place increased compliance burdens on intermediary service providers who process personal data. Failure to align internal data governance practices with both regulatory frameworks simultaneously could result in compounding penalties from multiple supervisory authorities. Companies that treat compliance as a checkbox exercise rather than an ongoing program are most at risk under this tightened enforcement landscape.