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EDPB Issues New Guidelines on Administrative Fines Under GDPR

EDPB Issues New Guidelines on Administrative Fines Under GDPR

First seen 15 Oct 2026, 04:35 UTC • •
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ThreatCluster AI
ThreatCluster •October 16, 2026 at 03:38 UTC
  • •EDPB's new guidelines introduce a five-step methodology for imposing fines.
  • •Not all data protection infringements will lead to fines, especially minor ones.
  • •Public consultation on the guidelines is open until November 13, 2026.

On September 17, 2026, the European Data Protection Board (EDPB) adopted new guidelines regarding the imposition of administrative fines under the GDPR. These guidelines introduce a five-step methodology for supervisory authorities to determine whether a fine should be imposed for data protection infringements. The guidelines replace previous guidance from the Article 29 Working Party and clarify that not all infringements will result in fines, particularly if deemed minor. Organizations must now consider factors such as fault and the effectiveness of a fine when assessing potential penalties. The guidelines are currently open for public consultation until November 13, 2026. This shift emphasizes a structured approach to enforcement, potentially impacting organizations' compliance strategies across the EU.

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Timeline

2026-09-17
EDPB adopts new guidelines on fines
The EDPB released new guidelines outlining a structured approach to imposing administrative fines under GDPR.
Gibson Dunn
2026-10-13
Public consultation announced
The EDPB's new guidelines are open for public consultation until November 13, 2026.
Gibson Dunn
2026-10-15
Article published on implications of guidelines
Reed Smith published an article discussing the implications of the EDPB's new guidelines for organizations.
Reed Smith

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Common questions

What are the new guidelines about?
The new guidelines provide a structured methodology for determining whether to impose administrative fines under GDPR.
How will this affect organizations?
Organizations may need to reassess their compliance strategies as not all infringements will automatically lead to fines.
When is the public consultation period?
The public consultation on the guidelines is open until November 13, 2026.