4.

Member States shall ensure that, when determining the type of administrative penalties or other administrative measures and the amount of administrative pecuniary penalties, the competent authorities designated pursuant to Article 18(2) take into account all the following circumstances, where relevant: the gravity and the duration of the breach; the degree of responsibility of the natural or legal person responsible for the breach; the financial strength of the natural or legal person responsible for the breach, including by reference to the total turnover of the legal person or the annual income of the natural person; the importance of profits gained or losses avoided because of the breach by the natural or legal person responsible for the breach, insofar as those profits or losses can be determined; the losses caused to third parties by the breach, insofar as those losses can be determined; the level of cooperation by the natural or legal person responsible for the breach with the competent authorities designated pursuant to Article 18(2); any previous breaches by the natural or legal person responsible for the breach; any actual or potential systemic consequences of the breach.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-12 · Text as adopted (Official Journal); later amendments are not incorporated in this text.