1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national law or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed. If, subsequent to the commission of a criminal offence, the law provides for a lighter penalty, that shall be applicable.
2. This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles recognised by the community of nations.
3. The severity of penalties must not be disproportionate to the criminal offence.

    • Text:

      This Article follows the traditional rule of the non-retroactivity of laws and criminal sanctions. There has been added the rule of the retroactivity of a more lenient penal law, which exists in a number of Member States and which features in Article 15 of the Covenant on Civil and Political Rights.

      Article 7 of the ECHR is worded as follows:

      ‘1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed.
      2. This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognised by civilised nations.’

      In paragraph 2, the reference to ‘civilised’ nations has been deleted; this does not change the meaning of this paragraph, which refers to crimes against humanity in particular. In accordance with Article 52(3), the right guaranteed here therefore has the same meaning and scope as the right guaranteed by the ECHR.

      Paragraph 3 states the general principle of proportionality between penalties and criminal offences which is enshrined in the common constitutional traditions of the Member States and in the case-law of the Court of Justice of the Communities.

      Source:
      Official Journal of the European Union C 303/17 - 14.12.2007
      Preamble - Explanations relating to the Charter of Fundamental Rights:
      These explanations were originally prepared under the authority of the Praesidium of the Convention which drafted the Charter of Fundamental Rights of the European Union. Although they do not as such have the status of law, they are a valuable tool of interpretation intended to clarify the provisions of the Charter.
    • T.T. and BAJI Trans, s.r. o. v Národný inšpektorát práce
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Type:
      Decision
      Policy area:
      ECLI (European case law identifier):
      ECLI:EU:C:2025:614
    • Popular Parliamentary Groups v Congress of Deputies, the Senate, and the State Attorney (abogado del Estado)
      Decision date:
      Deciding body type:
      National Court/Tribunal
      Deciding body:
      Constitutional Court
      Type:
      Decision
      Policy area:
      ECLI (European case law identifier):
      ECLI:ES:TC:2025:137
    • Alchaster II
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Type:
      Decision
      Policy area:
      ECLI (European case law identifier):
      ECLI:EU:C:2025:230
    • Alchaster II
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Type:
      Opinion
      Policy area:
      ECLI (European case law identifier):
      ECLI:EU:C:2025:88
    • Minister for Justice and Equality v MA
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Type:
      Opinion
      Policy area:
      ECLI (European case law identifier):
    • Kinsa
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Type:
      Policy area:
      Asylum and migration
      ECLI (European case law identifier):
      ECLI:EU:C:2024:941
    • Neves 77 Solutions SRL v Agenţia Naţională de Administrare Fiscală – Direcţia Generală Antifraudă Fiscală
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Court (Grand Chamber)
      Type:
      Decision
      Policy area:
      Foreign and security policy
      ECLI (European case law identifier):
      ECLI:EU:C:2024:723
    • MA, intervening party: Minister for Justice and Equality
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Court (Grand Chamber)
      Type:
      Policy area:
      Justice, freedom and security
      ECLI (European case law identifier):
      ECLI:EU:C:2024:649
    • « Orde van Vlaamse balies » and Peter Callens v Conseil des ministres
      Decision date:
      Deciding body type:
      National Court/Tribunal
      Deciding body:
      Type:
      Decision
      Policy area:
      ECLI (European case law identifier):
      ECLI:BE:GHCC:2024:ARR.083
    • Dom Zdravlja Otočac
      Decision date:
      Deciding body type:
      National Court/Tribunal
      Deciding body:
      Type:
      Decision
      Policy area:
      ECLI (European case law identifier):

    45 results found

    • Romania / Constitution of Romania
      Country:
      Romania

      Article 23(12) Penalties shall be established or applied only in accordance with and on the grounds of the law.

    • Sweden / Instrument of Government
      Country:
      Sweden

      Chapter 2 - Fundamental rights and freedoms:

      Article 10 No one may be sentenced to a penalty or penal sanction for an act which was not subject to a penal sanction at the time it was committed. Nor may anyone be sentenced to a penal sanction which is more severe than that which was in force when the act was committed. The provisions laid down here with respect to penal sanctions also apply to forfeiture and other special legal effects of crime (...)

      Article 11 No court of law may be established on account of an act already committed, or for a particular dispute or otherwise for a particular case. Legal proceedings shall be carried out fairly and within a reasonable period of time. Proceedings in courts of law shall be open to the public.

    • Slovakia / Constitution of the Slovak Republic
      Country:
      Slovakia

      Article 49 Only the law shall lay down which conduct constitutes a criminal act, and what punishment, or other forms of deprivation of rights, or property, may be imposed for its commitment. Article 50 (...) (6) Whether any act is criminal is assessed, and punishment is determined, in accordance with the law valid at the time when the act was committed. A more recent law is applied, if it is more favorable for the perpetrator.

    • Slovenia / Constitution of the Republic of Slovenia
      Country:
      Slovenia

      Article 28 (Principle of Legality in Criminal Law) No one may be punished for an act which had not been declared a criminal offence under law, or for which a penalty had not been prescribed, at the time the act was performed. Acts that are criminal shall be established and the resulting penalties pronounced according to the law that was in force at the time the act was performed, save where a more recent law adopted is more lenient towards the offender.

    • Spain / Constitution of the Kingdom of Spain
      Country:
      Spain

      Section 9 (...) (3) The Constitution guarantees the principle of legality, the hierarchy of legal provisions, the publicity of legal statutes, the non-retroactivity of punitive provisions that are not favourable to or restrictive of individual rights, the certainty that the rule of law shall prevail, the accountability of public authorities, and the prohibition of arbitrary action of public authorities.

      Section 25(1) No one may be convicted or sentenced for actions or omissions which when committed did not constitute a criminal offence, misdemeanour or administrative offence under the law then in force. (2) Punishments entailing imprisonment and security measures shall be aimed at reeducation and social rehabilitation and may not involve forced labour. The person sentenced to prison shall enjoy, during the imprisonment, the fundamental rights contained in this Chapter except those expressly restricted by the content of the sentence, the purpose of the punishment and the penitentiary law. In any case, he or she shall be entitled to paid work and to the appropriate Social Security benefits, as well as to access to cultural opportunities and the overall development of his or her personality. (3) The Civil Administration may not impose penalties which directly of indirectly imply deprivation of freedom.

    • Czechia / Charter of Fundamental Rights and Freedoms
      Country:
      Czechia

      Article 39 Only a law may designate which acts constitute a crime and what penalties, or other detriments to rights or property, may be imposed for committing them. Article 40 (1) Only a court may decide on guilt and on the punishment for criminal offences. (...) (6) The question whether an act is punishable or not shall be considered, and penalties shall be imposed, in accordance with the law in effect at the time the act was committed. A subsequent law shall be applied if it is more favorable for the offender.

    • Netherlands / Constitution of the Kingdom of the Netherlands
      Country:
      Netherlands

      Article 16 No offence shall be punishable unless it was an offence under the law at the time it was committed.

    • Constituição da República Portuguesa
      Country:
      Portugal

      Artigo 29.º (Aplicação da lei criminal) 1. Ninguém pode ser sentenciado criminalmente senão em virtude de lei anterior que declare punível a acção ou a omissão, nem sofrer medida de segurança cujos pressupostos não estejam fixados em lei anterior. 2. O disposto no número anterior não impede a punição, nos limites da lei interna, por acção ou omissão que no momento da sua prática seja considerada criminosa segundo os princípios gerais de direito internacional comummente reconhecidos. 3. Não podem ser aplicadas penas ou medidas de segurança que não estejam expressamente cominadas em lei anterior. 4. Ninguém pode sofrer pena ou medida de segurança mais graves do que as previstas no momento da correspondente conduta ou da verificação dos respectivos pressupostos, aplicando-se retroactivamente as leis penais de conteúdo mais favorável ao arguido. 5. Ninguém pode ser julgado mais do que uma vez pela prática do mesmo crime. 6. Os cidadãos injustamente condenados têm direito, nas condições que a lei prescrever, à revisão da sentença e à indemnização pelos danos sofridos. Artigo 30.º (Limites das penas e das medidas de segurança) 1. Não pode haver penas nem medidas de segurança privativas ou restritivas da liberdade com carácter perpétuo ou de duração ilimitada ou indefinida. 2. Em caso de perigosidade baseada em grave anomalia psíquica, e na impossibilidade de terapêutica em meio aberto, poderão as medidas de segurança privativas ou restritivas da liberdade ser prorrogadas sucessivamente enquanto tal estado se mantiver, mas sempre mediante decisão judicial. 3. A responsabilidade penal é insusceptível de transmissão. 4. Nenhuma pena envolve como efeito necessário a perda de quaisquer direitos civis, profissionais ou políticos. 5. Os condenados a quem sejam aplicadas pena ou medida de segurança privativas da liberdade mantêm a titularidade dos direitos fundamentais, salvas as limitações inerentes ao sentido da condenação e às exigências próprias da respectiva execução.

    • Constituição da República Portuguesa
      Country:
      Portugal

      Artigo 29.º (Aplicação da lei criminal) 1. Ninguém pode ser sentenciado criminalmente senão em virtude de lei anterior que declare punível a acção ou a omissão, nem sofrer medida de segurança cujos pressupostos não estejam fixados em lei anterior. 2. O disposto no número anterior não impede a punição, nos limites da lei interna, por acção ou omissão que no momento da sua prática seja considerada criminosa segundo os princípios gerais de direito internacional comummente reconhecidos. 3. Não podem ser aplicadas penas ou medidas de segurança que não estejam expressamente cominadas em lei anterior. 4. Ninguém pode sofrer pena ou medida de segurança mais graves do que as previstas no momento da correspondente conduta ou da verificação dos respectivos pressupostos, aplicando-se retroactivamente as leis penais de conteúdo mais favorável ao arguido. 5. Ninguém pode ser julgado mais do que uma vez pela prática do mesmo crime. 6. Os cidadãos injustamente condenados têm direito, nas condições que a lei prescrever, à revisão da sentença e à indemnização pelos danos sofridos. Artigo 30.º (Limites das penas e das medidas de segurança) 1. Não pode haver penas nem medidas de segurança privativas ou restritivas da liberdade com carácter perpétuo ou de duração ilimitada ou indefinida. 2. Em caso de perigosidade baseada em grave anomalia psíquica, e na impossibilidade de terapêutica em meio aberto, poderão as medidas de segurança privativas ou restritivas da liberdade ser prorrogadas sucessivamente enquanto tal estado se mantiver, mas sempre mediante decisão judicial. 3. A responsabilidade penal é insusceptível de transmissão. 4. Nenhuma pena envolve como efeito necessário a perda de quaisquer direitos civis, profissionais ou políticos. 5. Os condenados a quem sejam aplicadas pena ou medida de segurança privativas da liberdade mantêm a titularidade dos direitos fundamentais, salvas as limitações inerentes ao sentido da condenação e às exigências próprias da respectiva execução.

    • Constitution of the Portuguese Republic
      Country:
      Portugal

      Article 29 (Application of criminal law) (1) No one may be sentenced under the criminal law unless the action or omission in question is punishable under a pre-existing law, nor may any person be the object of a security measure unless the prerequisites therefore are laid down by a pre-existing law. (2) The provisions of the previous paragraph do not preclude the punishment up to the limits laid down by internal Portuguese law of an action or omission which was deemed criminal under the general principles of international law that were commonly recognised at the moment of its commission. (3) No sentence or security measure may be applied unless it is expressly sanctioned by a pre-existing law. (4) No one may be the object of a sentence or security measure that is more severe than those provided for at the moment of the conduct in question, or at that at which the prerequisites for the application of such a measure were fulfilled, while criminal laws whose content is more favourable to the accused person shall be applied retroactively. (5) No one may be tried more than once for commission of the same crime. (6) Citizens who are unjustly convicted have the right to the review of their sentences and to compensation for the damages they have suffered, as laid down by law. Article 30 (Limits on sentences and security measures) (1) No sentence or security measure that deprives or restricts freedom may be perpetual in nature or have an unlimited or undefined duration. (2) In cases of danger based on a serious psychic abnormality in which therapy in an open environment is impossible, security measures that deprive or restrict freedom may be successively extended for as long as the psychic state in question is maintained, but always by judicial decision. (3) Criminal liability is not transferable. (4) No sentence shall automatically involve the loss of any civil, professional or political right. (5) Convicted persons who are the object of a sentence or security measure that deprives them of their freedom retain their fundamental rights, save for the limitations that are inherent to the purpose of their convictions and to the specific requirements imposed by the execution of the respective sentences.

    • Constitution of the Portuguese Republic
      Country:
      Portugal

      Article 29 (Application of criminal law) (1) No one may be sentenced under the criminal law unless the action or omission in question is punishable under a pre-existing law, nor may any person be the object of a security measure unless the prerequisites therefore are laid down by a pre-existing law. (2) The provisions of the previous paragraph do not preclude the punishment up to the limits laid down by internal Portuguese law of an action or omission which was deemed criminal under the general principles of international law that were commonly recognised at the moment of its commission. (3) No sentence or security measure may be applied unless it is expressly sanctioned by a pre-existing law. (4) No one may be the object of a sentence or security measure that is more severe than those provided for at the moment of the conduct in question, or at that at which the prerequisites for the application of such a measure were fulfilled, while criminal laws whose content is more favourable to the accused person shall be applied retroactively. (5) No one may be tried more than once for commission of the same crime. (6) Citizens who are unjustly convicted have the right to the review of their sentences and to compensation for the damages they have suffered, as laid down by law. Article 30 (Limits on sentences and security measures) (1) No sentence or security measure that deprives or restricts freedom may be perpetual in nature or have an unlimited or undefined duration. (2) In cases of danger based on a serious psychic abnormality in which therapy in an open environment is impossible, security measures that deprive or restrict freedom may be successively extended for as long as the psychic state in question is maintained, but always by judicial decision. (3) Criminal liability is not transferable. (4) No sentence shall automatically involve the loss of any civil, professional or political right. (5) Convicted persons who are the object of a sentence or security measure that deprives them of their freedom retain their fundamental rights, save for the limitations that are inherent to the purpose of their convictions and to the specific requirements imposed by the execution of the respective sentences.

    • Constitution of the Republic of Poland
      Country:
      Poland

      Article 421. Only a person who has committed an act prohibited by a statute in force at the moment of commission thereof, and which is subject to a penalty, shall be held criminally responsible. This principle shall not prevent punishment of any act which, at the moment of its commission, constituted an offence within the meaning of international law.

    • Constitution of the Republic of Poland
      Country:
      Poland

      Article 42.1. Only a person who has committed an act prohibited by a statute in force at the moment of commission thereof, and which is subject to a penalty, shall be held criminally responsible. This principle shall not prevent punishment of any act which, at the moment of its commission, constituted an offence within the meaning of international law.

    • Konstytucja Rzeczypospolitej Polskiej
      Country:
      Poland

      Art. 42.1. Odpowiedzialności karnej podlega ten tylko, kto dopuścił się czynu zabronionego pod groźbą kary przez ustawę obowiązującą w czasie jego popełnienia. Zasada ta nie stoi na przeszkodzie ukaraniu za czyn, który w czasie jego popełnienia stanowił przestępstwo w myśl prawa międzynarodowego.

    • Constitution of Malta
      Country:
      Malta

      Article 39(…) (8) No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence which is severer in degree ordescription than the maximum penalty which might have been imposed for that offence at the time when it was committed. (…)

    • Constitution du Grand Duche de Luxembourg
      Country:
      Luxembourg

      Article 14. Nulle peine ne peut être établie ni appliquée qu’en vertu de la loi.

    • Constitution of the Grand Duchy of Luxembourg
      Country:
      Luxembourg

      Article 14. No penalty may be established or applied except by virtue of the law.

    • Constitution of the Republic of Lithuania
      Country:
      Lithuania

      Article 31. A person shall be presumed innocent until proved guilty according to the procedure established by law and declared guilty by an effective court judgment. A person charged with committing a crime shall have the right to a public and fair hearing of his case by an independent and impartial court. It shall be prohibited to compel anyone to give evidence against himself, or his family members or close relatives. Punishment may be imposed or applied only on the grounds established by law. No one may be punished twice for the same offence. A person suspected of committing a crime, as well as the accused, shall be guaranteed, from the moment of his apprehension or first interrogation, the right to defence, as well as the right to an advocate.

    • Lietuvos Respublikos Konstitucija
      Country:
      Lithuania

      31 straipsnis. Asmuo laikomas nekaltu, kol jo kaltumas neįrodytas įstatymo nustatyta tvarka ir pripažintas įsiteisėjusiu teismo nuosprendžiu. Asmuo, kaltinamas padaręs nusikaltimą, turi teisę, kad jo bylą viešai ir teisingai išnagrinėtų nepriklausomas ir bešališkas teismas. Draudžiama versti duoti parodymus prieš save, savo šeimos narius ar artimus giminaičius. Bausmė gali būti skiriama ar taikoma tik remiantis įstatymu. Niekas negali būti baudžiamas už tą patį nusikaltimą antrą kartą. Asmeniui, kuris įtariamas padaręs nusikaltimą, ir kaltinamajam nuo jų sulaikymo arba pirmosios apklausos momento garantuojama teisė į gynybą, taip pat ir teisė turėti advokatą.

    • Constitution of the Italian Republic
      Country:
      Italy

      Art. 24. Anyone may bring cases before a court of law in order to protect their rights under civil and administrative law. Defense is an inviolable right at every stage and instance of legal proceedings. The poor are entitled by law to proper means for action or defense in all courts. The law shall define the conditions and forms of reparation in case of judicial errors. Art. 25. No case may be removed from the court seized with it as established by law. No punishment may be inflicted except by virtue of a law in force at the time tehe offence was committed. No restriction may be placed on a person's liberty save for as provided by law. Art. 27. Criminal responsibility is personal.
      A defendant shall be considered not guilty until a final sentence has been passed. Punishments may not be inhuman and shall aim at re-educating the convicted.
      Death penalty is prohibited.

    5 results found

    • Directive (EU) 2024/1203 of the European Parliament and of the Council of 11 April 2024 on the protection of the environment through criminal law

      Preamble 
      (44) The publication of the personal data of convicted persons contained in judicial decisions should only be possible in duly justified exceptional cases following a case-by-case assessment, weighing the public interest against the rights to respect for private life and protection of the personal data of the convicted person provided for in Articles 7 and 8 of the Charter of Fundamental Rights of the European Union (the ‘Charter’), respectively. 


      (53)To ensure successful enforcement of environmental criminal law, Member States should make available to competent authorities effective investigative tools for environmental criminal offences such as those available under their national law for combatting organised crime or other serious criminal offences, if and to the extent that the use of those tools is appropriate and proportionate to the nature and gravity of the criminal offences as provided for in national law. Such tools could include the interception of communications, covert surveillance, including electronic surveillance, controlled deliveries, the monitoring of bank accounts and other financial investigation tools. Those tools should be used in line with the principle of proportionality and in full respect of the Charter. It is imperative that the right to the protection of personal data be respected.


      (75) This Directive respects the fundamental rights and observes the principles as recognised in particular by the Charter, including the protection of personal data, the freedom of expression and information, the freedom to conduct a business, the right to an effective remedy and to a fair trial, the presumption of innocence and right of defence, the principles of legality and proportionality of criminal offences and penalties, and the right not to be tried or punished twice in criminal proceedings for the same offence. This Directive seeks to ensure full respect for those rights and principles and should be implemented accordingly.

      Article 1: Subject matter

      This Directive establishes minimum rules with regard to the definition of criminal offences and penalties in order to protect the environment more effectively, as well as with regard to measures to prevent and combat environmental crime and to effectively enforce Union environmental law.

      Article 5: Penalties for natural persons

      1.   Member States shall take the necessary measures to ensure that criminal offences referred to in Articles 3 and 4 are punishable by effective, proportionate and dissuasive criminal penalties.

      Article 7: Penalties for legal persons

      1.   Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 6(1) or (2) is punishable by effective, proportionate and dissuasive criminal or non-criminal penalties or measures.

    • Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals

      Preamble  


      (37) This Directive respects the fundamental rights and observes the principles recognised in particular by the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights of the European Union. Specifically, it should be applied with due respect for the freedom to conduct a business, equality before the law and the principle of non-discrimination, the right to an effective remedy and to a fair trial and the principles of legality and proportionality of criminal offences and penalties, in accordance with Articles 16, 20, 21, 47 and 49 of the Charter.

    • Directive (EU) 2019/1153 of the European Parliament and of the Council of 20 June 2019 laying down rules facilitating the use of financial and other information for the prevention, detection, investigation or prosecution of certain criminal offences, and

      .

    • Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union

      Article 4 - Confiscation
      ‘1. Member States shall take the necessary measures to enable the confiscation, either in whole or in part, of instrumentalities and proceeds or property the value of which corresponds to such instrumentalities or proceeds, subject to a final conviction for a criminal offence, which may also result from proceedings in absentia.
      2. Where confiscation on the basis of paragraph 1 is not possible, at least where such impossibility is the result of illness or absconding of the suspected or accused person, Member States shall take the necessary measures to enable the confiscation of instrumentalities and proceeds in cases where criminal proceedings have been initiated regarding a criminal offence which is liable to give rise, directly or indirectly, to economic benefit, and such proceedings could have led to a criminal conviction if the suspected or accused person had been able to stand trial.‘
      Article 5 - Extended confiscation
      ‘1. Member States shall adopt the necessary measures to enable the confiscation, either in whole or in part, of property belonging to a person convicted of a criminal offence which is liable to give rise, directly or indirectly, to economic benefit, where a court, on the basis of the circumstances of the case, including the specific facts and available evidence, such as that the value of the property is disproportionate to the lawful income of the convicted person, is satisfied that the property in question is derived from criminal conduct.‘

    • Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detec...

      Article 1 - Subject-matter and objectives
      ‘1. This Directive lays down the rules relating to the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security.
      2. In accordance with this Directive, Member States shall:
      (a) protect the fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data‘
      Article 4
      ‘Principles relating to processing of personal data
      1. Member States shall provide for personal data to be:
      (a) processed lawfully and fairly;
      (b) collected for specified, explicit and legitimate purposes and not processed in a manner that is incompatible with those purposes;
      (c) adequate, relevant and not excessive in relation to the purposes for which they are processed;
      (d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
      (e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which they are processed;
      (f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.
      2. Processing by the same or another controller for any of the purposes set out in Article 1(1) other than that for which the personal data are collected shall be permitted in so far as:
      (a) the controller is authorised to process such personal data for such a purpose in accordance with Union or Member State law; and
      (b) processing is necessary and proportionate to that other purpose in accordance with Union or Member State law.
      3. Processing by the same or another controller may include archiving in the public interest, scientific, statistical or historical use, for the purposes set out in Article 1(1), subject to appropriate safeguards for the rights and freedoms of data subjects.
      4. The controller shall be responsible for, and be able to demonstrate compliance with, paragraphs 1, 2 and 3.‘

      Article 57. Penalties:
      Member States shall lay down the rules on penalties applicable to infringements of the provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.

    0 results found