# The Open Internet Access (EU Regulation) Regulations 2016, Regulation 20: Penalties for breach


(1) This regulation applies where a person is given a notification under regulation 19 which specifies a proposed penalty.
(2) OFCOM may not specify a penalty in relation to a breach of an information requirement if proceedings for an offence under regulation 23 have been brought against the notified person in respect of the breach.
(3) Where a notification under regulation 19 relates to more than one breach, a separate penalty may be specified in respect of each breach.
(4) Where such a notification relates to a continuing breach, no more than one penalty may be specified in respect of the period of breach specified in the notification.
(5) But in relation to a continuing breach, a penalty may be specified in respect of each day on which the breach continues after—
(a) the giving of a confirmation decision under regulation 22 which requires immediate action; or
(b) the expiry of any period specified in the confirmation decision for complying with an obligation so specified.
(6) The amount of a penalty under paragraph (5) is to be such amount as OFCOM determine to be—
(a) appropriate; and
(b) proportionate to the breach in respect of which it is imposed,
but not exceeding £500 per day for a breach of an information requirement and £20,000 per day for any other breach.

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Source: https://www.legislation.gov.uk/uksi/2016/607/regulation/20 (the official version)
Page: https://openlegislation.uk/open-internet-access-eu-regulation-regulations-2016/regulation-20
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.