S.L. 460.35 · Measures For High Common Level Of (S.L. 460.35)
S.L. 460.35 Art. 20Quantum of an administrative fine.
PART VII – ENFORCEMENT AND SANCTIONS
(1) An undertaking which, fails to:
(a) implement appropriate and proportionate security measures pursuant to article 11 and 13; or
(b) fails to cooperate with the CIIP Unit when exercising its monitoring obligations under this order, shall be liable to an administrative fine of not less than one thousand euro (€1000) and not more than one hundred thousand euro (€100,000) for each violation and one hundred euro (€100) for each day during which such violation persists, which fine shall be determined and imposed by the CIIP Unit, in accordance with the procedure under article 19:
Provided that any daily fine imposed may be backdated to the date of the commission or commencement of the infringement.
(2) An undertaking which:
(a) fails to notify where it ought to have notified an incident;
(b) fails to comply with a lawful instruction from the CIIP Unit; or
(c) fails to comply with the provisions of this order other than those listed under sub-article (1);
shall be liable to an administrative fine of not less than five hundred euro (€500) and not more than fifty thousand euro ((€50,000) for each violation and fifty euro (€50) for each day during which such violation persists, which fine shall be determined and imposed by the CIIP Unit, in accordance with the procedure under article 19:
Provided that any daily fine imposed may be backdated to the date of the commission or commencement of the infringement.
(3) In determining the amount of an administrative fine, regard shall be had in particular to the nature and extent of the infringement, its duration and the impact on critical societal and economic activities.