Delaying European Values in the Balkans: Administrative Fines as a Reason?

Our Partner Ivan Milošević and Senior Associate Andrea Cvetanović explain the system of administrative fines in GDPR and possibilities to implement GDPR provisions in national data protection legal frameworks.

Imposing high–deterrent monetary fines is a factor that mostly influences the application of regulations in the field of personal data protection. This is confirmed in a recent survey conducted by the European Centre for Digital Rights where of the main conclusion is that the most influencing factor for a company to improve compliance with the GDPR is the real possibility that companies are fined, while in second place is imposing of high fines on other companies.

When can the adoption of European values in the countries of the Western Balkans be expected?” How could we understand the delay in complying with the national data protection regulations of Western Balkans countries in the age of data-driven economies with GDPR for almost six years since the GDPR was to start to be applied in the EU?

The reasoning behind the draft laws not to include in the laws provisions from the EU regulations that can be applied only by the member states of the European Union, as well as those that prescribe obligations only for the member states simply cannot be excepted. ECJ, in the recent judgement C 807/21 of 05 December 2023 (Deutsche Wohnen v State Prosecutor’s Office in Berlin) confirms that deterrent effect of administrative fines contribute to strengthening the protection of natural persons with regard to the processing of personal data and therefore constitute a key element in ensuring respect for the rights of those persons, in accordance with the purpose of that regulation of ensuring a high level of protection of such persons with regard to the processing of personal data.

More information, please see the full article in English and Serbian language.

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