Article 59 — Principles of Imposing Administrative Fines

1/The Authority shall ensure that the imposition of administrative fines pursuant to this Proclamation is effective, proportional and dissuasive. 2/ Notwithstanding the provision of Sub Article (1) of this this article while deciding to impose administrative fines, the Authority shall have due regard, inter alias, to the following factors, namely : a) Nature, duration and extent of violation; b) Nature and extent of harm suffered by the data subject; c) Intentional or negligent character of the violation; d) Transparency and accountability measures implemented by the data controller or the data processor, as the case may be, including adherence to any relevant code of practice relating to security safeguards; e) Action taken by the data controller or the data processor, as the case may be, to mitigate the damage suffered by the data subject; f) Previous history of any, or such, violation by the data controller or the data processor, as the case may be; g) Whether the arrangement between the data controller and data processor contains adequate transparency and accountability measures to safeguard the personal data being processed by the data processor on behalf of the data controller; h) The accrual of undue benefits which can be measured; and i) Any other aggravating or mitigating factor relevant to the circumstances of the case.