1 – Any person who has suffered damage as a result of an unlawful processing operation
or of any other act incompatible with legal provisions in the area of personal data
protection is entitled to receive compensation from the controller for the damage suffered.
2 – The controller may be exempted from this liability, in whole or in part, if he proves
that he is not responsible for the event giving rise to the damage.
The general system of administrative offences, adapted according to the following articles,
is subsidiarily applicable to the offences provided for in this section.
Whenever the administrative offence arises from omitting a duty, application of the
penalty and payment of the fine do not release the perpetrator from compliance with that
duty, if it is still possible.
1 – Bodies which negligently fail to comply with the obligation to notify the CNPD of the
processing of personal data referred to in Article 27 (1) and (5), provide false information
or comply with the obligation to notify without observing Article 29 or, having been
notified by the CNPD, continue to allow access to open data transmission networks to
controllers who fail to comply with the provisions of this Act are committing an
administrative offence punishable with the following fines:
(a) In the case of a natural person, a minimum of PTE 50,000$00 and a maximum of PTE
500,000$00;
(b) In the case of a legal person or a body without legal personality, a minimum of PTE
300,000$00 and a maximum of PTE 3,000,000$00
2 – The fine shall be increased to double the maxima in the case of data subject to prior
authorisation according to Article 28.
1 – Bodies which fail to comply with any of the following provisions of this Act are
committing an administrative offence punishable with a minimum fine of PTE
100,000$00 and a maximum of PTE 1,000,000$00:
(a) Appointment of a representative according to Article 5 (4);
(b) Observance of the obligations in Articles 5, 10, 11, 12, 13, 15, 16 and 31 (3).
2 - The penalty shall be increased to double the maxima in the case of failure to comply
with the obligations in Articles 6, 7, 8, 9, 19 and 20.
1 - If the same fact is simultaneously a crime and an administrative offence the agent shall
always be punished by virtue of the crime.
2 – The penalties applied to concurrent administrative offences shall always be materially
accumulated.
1 – Negligence shall always be punished in relation to the administrative offences
provided for in Article 38.
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