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Case C-383/23, ILVA (Fine for an infringement of the GDPR): Judgment of the Court (Fifth Chamber) of 13 February 2025 (request for a preliminary ruling from the Vestre Landsret – Denmark) – Criminal proceedings against ILVA A/S (Reference for a preliminary ruling – Protection of personal data – Regulation (EU) 2016/679 – Article 83(4) to (6) and (9) – Concept of an undertaking – Parent company and subsidiary – Infringement of that regulation by a subsidiary – Calculation of the amount of the fine – Consideration of the total turnover of the group of which that subsidiary forms part)
ECLI:EU:UNKNOWN:62023CA0383
62023CA0383
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Official Journal of the European Union
C series
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C/2025/1864
(Case C-383/23,
ILVA (Fine for an infringement of the GDPR))
(Reference for a preliminary ruling - Protection of personal data - Regulation (EU) 2016/679 - Article 83(4) to (6) and (9) - Concept of an ‘undertaking’ - Parent company and subsidiary - Infringement of that regulation by a subsidiary - Calculation of the amount of the fine - Consideration of the total turnover of the group of which that subsidiary forms part)
(C/2025/1864)
Language of the case: Danish
Referring court
Party/parties in the main proceedings
Operative part of the judgment
Article 83(4) to (6) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), read in the light of recital 150 of that regulation,
must be interpreted as meaning that the term ‘undertaking’ in those provisions corresponds to the concept of ‘undertaking’, within the meaning of Articles 101 and 102 TFEU, with the result that, where a fine for infringement of Regulation 2016/679 is imposed on a controller of personal data which is or forms part of an undertaking, the maximum amount of the fine is to be determined on the basis of a percentage of the undertaking’s total worldwide annual turnover in the preceding business year. The concept of ‘undertaking’ must also be taken into account in order to assess the actual or material economic capacity of the recipient of the fine and thus to ascertain whether the fine is at the same time effective, proportionate and dissuasive.
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(1) OJ C 304, 28.8.2023.
ELI: http://data.europa.eu/eli/C/2025/1864/oj
ISSN 1977-091X (electronic edition)
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