Article 88. Infringements punishable by a fine
(1) In accordance with art. 87, fines of up to 1,000,000 lei or, in the case of an enterprise, of up to 1% of the total turnover achieved in the year preceding the imposition of the sanction, whichever is higher, shall be imposed for infringements of the following provisions:
- a) the obligations of the controller and the processor in accordance with art. 8, 11, 25–39, 42 and 43;
- b) the obligations of the certification body in accordance with art. 42 and 43;
- c) the obligations of the monitoring body in accordance with art. 41(4).
(2) In accordance with art. 87, fines of up to 2,000,000 lei or, in the case of an enterprise, of up to 2% of the total turnover achieved in the year preceding the imposition of the sanction, whichever is higher, shall be imposed for infringements of the following provisions:
- a) the basic principles for processing, including the conditions for consent, in accordance with art. 5–7 and 9;
- b) the rights of data subjects in accordance with art. 12–22;
- c) transfers of personal data to a recipient in another state or to an international organisation in accordance with art. 44–49;
- d) the obligations provided for in Chapter VI;
- e) non-compliance with a corrective measure or with a temporary or definitive limitation on processing, or with the suspension of data flows, issued by the Centre within the limits provided for by law, pursuant to art. 60(2), or failure to provide access, thereby infringing art. 60(1).
(3) For an infringement of a corrective measure issued by the Centre in accordance with art. 60(2), fines of up to 2,000,000 lei or, in the case of an enterprise, of up to 2% of the total turnover achieved in the year preceding the imposition of the sanction, whichever is higher, shall be imposed in accordance with art. 87.
(4) Without prejudice to the corrective powers of the Centre referred to in art. 60(2), the sanctions provided for in this Article shall also apply to public authorities and institutions in accordance with this Law.
(5) Where the total turnover achieved in the year preceding the imposition of the sanction has not been recorded, account shall be taken of the last year preceding the imposition of the sanction in which the enterprise achieved a turnover.