Chapter III · Trust services › Section 1 · General provisions
Article 16Penalties
Replaced by Regulation (EU) 2024/1183
Short link: eidas.pt/en/16View on EUR-Lex ↗
1. #
Without prejudice to Article 31 of Directive (EU) 2022/2555 of the European Parliament and of the Council (1), Member States shall lay down the rules on penalties applicable to infringements of this Regulation. Those penalties shall be effective, proportionate and dissuasive.
2. #
Member States shall ensure that infringements of this Regulation by qualified and non-qualified trust service providers be subject to administrative fines of a maximum of at least:
(a)
EUR 5 000 000 where the trust service provider is a natural person; or
(b)
where the trust service provider is a legal person, EUR 5 000 000 or 1 % of the total worldwide annual turnover of the undertaking to which the trust service provider belonged in the financial year preceding the year in which the infringement occurred, whichever is higher.
3. #
Depending on the legal system of the Member States, the rules on administrative fines may be applied in such a manner that the fine is initiated by the competent supervisory body and imposed by competent national courts. The application of such rules in those Member States shall ensure that those legal remedies are effective and have an equivalent effect to administrative fines imposed directly by supervisory authorities.
Notes
- Directive (EU) 2022/2555 of the European Parliament and of the Council of 14 December 2022on measures for a high common level of cybersecurity across the Union, amending Regulation (EU) No 910/2014 and Directive (EU) 2018/1972, and repealing Directive (EU) 2016/1148 (NIS 2 Directive) (OJ L 333, 27.12.2022, p. 80). ↩