387 PERSONAL DATA PROTECTION that in order to determine an effective fine, the circumstances of a case , as well as the financial state of a data controller should be assessed.20 When the nature, gravity and duration of the infringements under Article 83/2 are considered, administrative fine based on the turnover of an undertaking does not respond to the seriousness and severity of the infringements and failed to offer a dissuasive effect on WhatsApp IE.21 Therefore the EDPB made a reference to the SA IE’s assessment in its draft decision that qualified Facebook Inc. and WhatsApp IE as a single undertaking22 and suggested that the SA IE should consider the total turnover of all the component companies of this single undertaking to fulfill the purpose of Article 83. Based on the binding suggesting of the EDPB, the SA IE imposed a fine based on total worldwide annual turnover of the parent company, meaning the consolidated turnover of the group headed by Facebook Inc.23 Conclusion The EDPB Decision is of special importance for the assessment of fines and determination of the maximum fine amount. First, the EDPB’s suggestion to include the consolidated turnover of the parent company when calculating the administrative fine is striking. The guidance on how to interpret Article 83/3 in case of multiple infringements for same or linked operations is also useful. Instead of taking the amount for the gravest infringement, all infringements should be taken into consideration when calculating the amount of the fine in such cases. In summary, the EDPB Decision (and subsequently SA IE’s decision) deserves attention since its assessments shed light on future investigations that discuss the relationship between the parent company and its subsidiaries. 20 EDPB Decision, para. 414. 21 EDPB Decision, para. 422. 22 EDPB Decision, para. 292. 23 National Decision, para. 887.
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