AI Act

1. obligations of providers pursuant to Article 16;
2. obligations of authorised representatives pursuant to Article 22;
3. obligations of importers pursuant to Article 23;
4. obligations of distributors pursuant to Article 24;
5. obligations of deployers pursuant to Article 26;
6. requirements and obligations of notified bodies pursuant to Article 31, Article 33(1), (3) and (4) or Article 34;
7. transparency obligations for providers and deployers pursuant to Article 50.

1. the nature, gravity and duration of the infringement and of its consequences, taking into account the purpose of the AI system, as well as, where appropriate, the number of affected persons and the level of damage suffered by them;
2. whether administrative fines have already been applied by other market surveillance authorities to the same operator for the same infringement;
3. whether administrative fines have already been applied by other authorities to the same operator for infringements of other Union or national law, when such infringements result from the same activity or omission constituting a relevant infringement of this Regulation;
4. the size, the annual turnover and market share of the operator committing the infringement;
5. any other aggravating or mitigating factor applicable to the circumstances of the case, such as financial benefits gained, or losses avoided, directly or indirectly, from the infringement;
6. the degree of cooperation with the national competent authorities, in order to remedy the infringement and mitigate the possible adverse effects of the infringement;
7. the degree of responsibility of the operator taking into account the technical and organisational measures implemented by it;
8. the manner in which the infringement became known to the national competent authorities, in particular whether, and if so to what extent, the operator notified the infringement;
9. the intentional or negligent character of the infringement;
10. any action taken by the operator to mitigate the harm suffered by the affected persons.

1. 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;
2. the degree of responsibility of the Union institution, body, office or agency, taking into account technical and organisational measures implemented by them;
3. any action taken by the Union institution, body, office or agency to mitigate the damage suffered by affected persons;
4. 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;
5. any similar previous infringements by the Union institution, body, office or agency;
6. 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;
7. the annual budget of the Union institution, body, office or agency.

1. infringed the relevant provisions of this Regulation;
2. failed to comply with a request for a document or for information pursuant to Article 91, or supplied incorrect, incomplete or misleading information;
3. failed to comply with a measure requested under Article 93;
4. failed to make available to the Commission access to the general-purpose AI model or general-purpose AI model with systemic risk with a view to conducting an evaluation pursuant to Article 92.

In fixing the amount of the fine or periodic penalty payment, regard shall be had to the nature, gravity and duration of the infringement, taking due account of the principles of proportionality and appropriateness. The Commission shall also into account commitments made in accordance with Article 93(3) or made in relevant codes of practice in accordance with Article 56.