Under Article 99, EU Member States must lay down the rules on penalties and non-monetary measures, by operators. It must notify the Commission of those rules.
Non-compliance with the prohibition of the AI practices referred to in Article 5 shall be subject to fines of up to €35 million or, if the offender is an undertaking, up to 7% of its total worldwide annual turnover for the preceding financial year, whichever is higher.
Non-compliance with any of the following provisions related to operators or notified bodies, shall be subject to fines of up to €15 million or, if the offender is an undertaking, up to 3% of its total worldwide annual turnover for the preceding financial year, whichever is higher:
The supply of incorrect, incomplete or misleading information in reply to a request shall be subject to fines of up to €7.5 million or, if the offender is an undertaking, up to 1% of its total worldwide annual turnover for the preceding financial year, whichever is higher.
It is noted that Article 99 does outline specific maximum administrative fines which may be applied in respect of different types of violation.
Article 99(7) sets out a detailed list of factors which should be considered when determining whether to impose a fine and what the amount should be.
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