Article 83 General conditions for imposing administrative fines

the nature, gravity and duration of the infringement taking into account the nature scope or purpose of the processing concerned as well as the number of data subjects affected and the level of damage suffered by them;

the intentional or negligent character of the infringement;

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

the degree of responsibility of the controller or processor taking into account technical and organisational measures implemented by them pursuant to Articles 25 and 32;

any relevant previous infringements by the controller or processor;

the degree of cooperation with F3the F4Commission, in order to remedy the infringement and mitigate the possible adverse effects of the infringement;

the categories of personal data affected by the infringement;

the manner in which the infringement became known to F5the F6Commission, in particular whether, and if so to what extent, the controller or processor notified the infringement;

where measures referred to in Article 58(2) have previously been ordered against the controller or processor concerned with regard to the same subject-matter, compliance with those measures;

adherence to approved codes of conduct pursuant to Article 40 or approved certification mechanisms pursuant to Article 42; and

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.

the obligations of the controller and the processor pursuant to Articles 8, 11, 25 to 39 and 42 and 43;

the obligations of the certification body pursuant to Articles 42 and 43;

the obligations of the monitoring body pursuant to Article 41(4).

the basic principles for processing, including conditions for consent, pursuant to Articles 5, 6, 7 and 9;

the data subjects' rights pursuant to Articles 12 to F921;

Article 22B or 22C (restrictions on, and safeguards for, automated decision-making);

the transfers of personal data to a recipient in a third country or an international organisation pursuant to Articles  F1144A to 49;

any obligations under Part 5 or 6 of Schedule 2 to the 2018 Act or regulations made under section 16(1)(c) of the 2018 Act;

non-compliance with an order or a temporary or definitive limitation on processing or the suspension of data flows by F13the F14Commission pursuant to Article 58(2) or failure to provide access in violation of Article 58(1).