Chapter IX - Final and transitional provisions (Art. 34-38)

Art. 34 DGA - Penalties arrow_right_alt

Member States shall lay down the rules on penalties applicable to infringements of the obligations regarding transfers of non-personal data to third countries pursuant to Article 5(14) and Article 31, the notification obligation of data intermediation services providers pursuant to Article 11, the conditions for providing data intermediation services pursuant to Article 12 and the conditions for the registration as a recognised data altruism organisation pursuant to Articles 18, 20, 21 and 22, and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. In their rules on penalties, Member States shall take into account the recommendations of the European Data Innovation Board. Member States shall, by 24 September 2023, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
Member States shall take into account the following non-exhaustive and indicative criteria for the imposition of penalties on data intermediation services providers and recognised data altruism organisations for infringements of this Regulation, where appropriate:
1. the nature, gravity, scale and duration of the infringement;
2. any action taken by the data intermediation services provider or recognised data altruism organisation to mitigate or remedy the damage caused by the infringement;
3. any previous infringements by the data intermediation services provider or recognised data altruism organisation;
4. the financial benefits gained or losses avoided by the data intermediation services provider or recognised data altruism organisation due to the infringement, insofar as such benefits or losses can be reliably established;
5. any other aggravating or mitigating factors applicable to the circumstances of the case.

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Recital 55

Member States should lay down rules on penalties applicable to infringements of this Regulation and should take all measures necessary to ensure that they are implemented. The penalties provided for should be effective, proportionate and dissuasive. Large discrepancies between rules on penalties could lead to distortion of competition in the digital single market. The harmonisation of such rules could be of benefit in that regard.

Art. 35 DGA - Evaluation and review arrow_right_alt

Art. 36 DGA - Amendment to Regulation (EU) 2018/1724 arrow_right_alt

In the table in Annex II to Regulation (EU) 2018/1724, the entry ‘Starting, running and closing a business’ is replaced by the following:

Life events	Procedures	Expected output subject to an assessment of the application by the competent authority in accordance with national law, where relevant
Starting, running and closing a business	Notification of business activity, permission for exercising a business activity, changes of business activity and the termination of a business activity not involving insolvency or liquidation procedures, excluding the initial registration of a business activity with the business register and excluding procedures concerning the constitution of or any subsequent filing by companies or firms within the meaning of the second paragraph of Article 54 TFEU	Confirmation of the receipt of notification or change, or of the request for permission for business activity
	Registration of an employer (a natural person) with compulsory pension and insurance schemes	Confirmation of registration or social security registration number
	Registration of employees with compulsory pension and insurance schemes	Confirmation of registration or social security registration number
	Submitting a corporate tax declaration	Confirmation of the receipt of the declaration
	Notification to the social security schemes of the end of contract with an employee, excluding procedures for the collective termination of employee contracts	Confirmation of the receipt of the notification
	Payment of social contributions for employees	Receipt or other form of confirmation of payment of social contributions for employees
	Notification of a data intermediation services provider	Confirmation of the receipt of notification
	Registration as a data altruism organisation recognised in the Union	Confirmation of the registration

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Recital 56

In order to provide for an efficient enforcement of this Regulation and to ensure that data intermediation services providers and entities that wish to register as recognised data altruism organisations are able to access and complete the procedures of notification and registration fully online and in a cross-border manner, such procedures should be offered through the single digital gateway established pursuant to Regulation (EU) 2018/1724 of the European Parliament and of the Council ⁽¹⁾. Those procedures should be added to the list of procedures included in Annex II to Regulation (EU) 2018/1724.

^{(1) Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1).}