Section 155 Penalty noticesI1I2

has failed or is failing as described in section 149(2), (3), (4) F2, (5) or (5A), F3...

has failed to comply with an information notice, an assessment notice F4, an interview notice or an enforcement notice F5, or

has failed to comply with a duty imposed on the person by section 146A(6).

to the extent that the notice concerns a matter to which the F6UK GDPR applies, the matters listed in Article 83(1) and (2) of the UK GDPR;

to the extent that the notice concerns another matter, the matters listed in subsection (3).

the nature, gravity and duration of the failure;

the intentional or negligent character of the failure;

any action taken by the controller or processor to mitigate the damage or distress suffered by data subjects;

the degree of responsibility of the controller or processor, taking into account technical and organisational measures implemented by the controller or processor in accordance with section 57, 66, 103 or 107;

any relevant previous failures by the controller or processor;

the degree of co-operation with the F7Commission, in order to remedy the failure and mitigate the possible adverse effects of the failure;

the categories of personal data affected by the failure;

the manner in which the infringement became known to the F8Commission, including whether, and if so to what extent, the controller or processor notified the Commission of the failure;

the extent to which the controller or processor has complied with previous enforcement notices or penalty notices;

adherence to approved codes of conduct or certification mechanisms;

any other aggravating or mitigating factor applicable to the case, including financial benefits gained, or losses avoided, as a result of the failure (whether directly or indirectly);

whether the penalty would be effective, proportionate and dissuasive.

confer power on the F10Commission to give a penalty notice in respect of other failures to comply with the data protection legislation, and

provide for the maximum penalty that may be imposed in relation to such failures to be either the standard maximum amount or the higher maximum amount.

may make provision about the giving of penalty notices in respect of the failure,

may amend this section and sections 156 to 158, and

are subject to the affirmative resolution procedure.