Government will not reduce fines for municipalities for GDPR

Although it looked promising, the government is unlikely to approve a reduction in fines arising from breaches of GDPR regulations. Opposition MPs will prevent the treaty from being fast-tracked through the House of Commons.

The expected huge relief from Tier I and Tier II municipalities, and their schools and nurseries, has not come! Although theDemocratic government approved the Data Protection Bill and amendments to related laws, it rejected the proposal to reduce fines. Therefore, the ODS and KDU-ČSL clubs will veto the fast-track discussion in the House. In addition, several amendments are expected.

The government rejected a proposal to reduce fines from CZK 5 million to CZK 15,000 for municipalities and their schools and kindergartens. These are likely to remain at the original level. It is because of this that the fast-track hearing is likely to be vetoed. ODS representatives insist on a reduction or exemption from fines under EU rules for municipalities, kreje. They want them eased for businesses and not introduced until next year.

The KDU-ČSL MPs let it be known that there are many question marks and uncertainties around the GDPR and the Interior Ministry is definitely not providing the necessary support to those affected by the GDPR. They also propose abolishing fines for public entities and, for example, non-profits.

The Leftists want to table an amendment to the law that refers to the part of the GDPR where it states that each member state can set the rules on fines for the public sector.

One of the facts influencing these objections, however, is that organisations and commenting points have already made a similar objection and the ministry has dealt with it:

"The commenting points here request that fines for personal data protection offences under Regulation 2016/679, and consequently under Section 61 of the proposal, should no longer be imposed on public authorities and public bodies," the material for ministers of the Babiš cabinet states. "The proposal of the Ministry of the Interior is based on the current legal situation, where municipalities and regions can be fined up to CZK 10,000,000 according to the current regulation (§ 45 of the Personal Data Protection Act). Therefore, there is no substantive reason to comply with the comment, since when imposing sanctions the administrative authority follows the principles of imposing sanctions, which must not be of a liquidating nature. Moreover, imposing an obligation without a sanction would lead to a decrease in the level of protection of personal data in the Czech Republic, which would be completely contrary to the purpose of the General Regulation. wrote the authors of the submission report from the Ministry of the Interior of the Czech Republic, adding that the Office for Personal Data Protection (OPPD), the co-sponsor of the law and the supervisory authority for personal data protection in the Czech Republic, also agrees with the settlement of this fundamental comment.

In other words, it says that it is possible to impose fines of up to 10 million crowns on municipalities and regions, but at the same time the administrative authority follows the principles of imposing sanctions and they must not be liquidating. And they note that if no sanction is introduced, it will lead to a decline in the level of personal data protection. Which makes sense.

What do you think will happen? What about you? Are you ready? If you need any consultation or illumination. Please contact us.

Source: ekonomicky-denik.cz