Article 51 — Exercise of the power to impose administrative penalties and remedial measures
Financial servicesLevel 1RegulationDORAApplies from 17 Jan 2025In force, but its rules apply only from the date shown.VerifiedIdentical to the official source.Official source
51(1)Copy link
1.Competent authorities shall exercise the powers to impose administrative penalties and remedial measures referred to in Article 50 in accordance with their national legal frameworks, where appropriate, as follows:
51(2)Copy link
2.Competent authorities, when determining the type and level of an administrative penalty or remedial measure to be imposed under Article 50, shall take into account the extent to which the breach is intentional or results from negligence, and all other relevant circumstances, including the following, where appropriate:
51(2)(b)
(b)the degree of responsibility of the natural or legal person responsible for the breach;
Copy link51(2)(d)
(d)the importance of profits gained or losses avoided by the responsible natural or legal person, insofar as they can be determined;
Copy link51(2)(e)
(e)the losses for third parties caused by the breach, insofar as they can be determined;
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