4.5.2016
EN
Official Journal of the European Union
L 119/27
seized may stay its proceedings or may, on request of one of the parties, decline jurisdiction in favour of the
court first seized if that court has jurisdiction over the proceedings in question and its law permits the consoli
dation of such related proceedings. Proceedings are deemed to be related where they are so closely connected that
it is expedient to hear and determine them together in order to avoid the risk of irreconcilable judgments
resulting from separate proceedings.
(145) For proceedings against a controller or processor, the plaintiff should have the choice to bring the action before
the courts of the Member States where the controller or processor has an establishment or where the data subject
resides, unless the controller is a public authority of a Member State acting in the exercise of its public powers.
(146) The controller or processor should compensate any damage which a person may suffer as a result of processing
that infringes this Regulation. The controller or processor should be exempt from liability if it proves that it is
not in any way responsible for the damage. The concept of damage should be broadly interpreted in the light of
the case-law of the Court of Justice in a manner which fully reflects the objectives of this Regulation. This is
without prejudice to any claims for damage deriving from the violation of other rules in Union or Member State
law. Processing that infringes this Regulation also includes processing that infringes delegated and implementing
acts adopted in accordance with this Regulation and Member State law specifying rules of this Regulation. Data
subjects should receive full and effective compensation for the damage they have suffered. Where controllers or
processors are involved in the same processing, each controller or processor should be held liable for the entire
damage. However, where they are joined to the same judicial proceedings, in accordance with Member State law,
compensation may be apportioned according to the responsibility of each controller or processor for the damage
caused by the processing, provided that full and effective compensation of the data subject who suffered the
damage is ensured. Any controller or processor which has paid full compensation may subsequently institute
recourse proceedings against other controllers or processors involved in the same processing.
(147) Where specific rules on jurisdiction are contained in this Regulation, in particular as regards proceedings seeking
a judicial remedy including compensation, against a controller or processor, general jurisdiction rules such as
those of Regulation (EU) No 1215/2012 of the European Parliament and of the Council (1) should not prejudice
the application of such specific rules.
(148) In order to strengthen the enforcement of the rules of this Regulation, penalties including administrative fines
should be imposed for any infringement of this Regulation, in addition to, or instead of appropriate measures
imposed by the supervisory authority pursuant to this Regulation. In a case of a minor infringement or if the fine
likely to be imposed would constitute a disproportionate burden to a natural person, a reprimand may be issued
instead of a fine. Due regard should however be given to the nature, gravity and duration of the infringement, the
intentional character of the infringement, actions taken to mitigate the damage suffered, degree of responsibility
or any relevant previous infringements, the manner in which the infringement became known to the supervisory
authority, compliance with measures ordered against the controller or processor, adherence to a code of conduct
and any other aggravating or mitigating factor. The imposition of penalties including administrative fines should
be subject to appropriate procedural safeguards in accordance with the general principles of Union law and the
Charter, including effective judicial protection and due process.
(149) Member States should be able to lay down the rules on criminal penalties for infringements of this Regulation,
including for infringements of national rules adopted pursuant to and within the limits of this Regulation. Those
criminal penalties may also allow for the deprivation of the profits obtained through infringements of this
Regulation. However, the imposition of criminal penalties for infringements of such national rules and of
administrative penalties should not lead to a breach of the principle of ne bis in idem, as interpreted by the Court
of Justice.
(150) In order to strengthen and harmonise administrative penalties for infringements of this Regulation, each
supervisory authority should have the power to impose administrative fines. This Regulation should indicate
(1) Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the
recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).