We are currently consulting on this draft guidance.
- At Step 4, the Commissioner will take into account whether there are any relevant aggravating or mitigating factors. These factors may warrant an increase or decrease in the level of the fine calculated at the end of Step 3.
- The Commissioner will carry out a case-by-case assessment, based on the circumstances of the infringement, to decide whether the fine should be increased or reduced at Step 4. In carrying out this assessment, the Commissioner will have regard to the guidance on relevant aggravating or mitigating factors set out in Relevant aggravating or mitigating factors above.
- An increase or decrease in the fine at Step 4 may lead to a fine amount that is above or below the relevant indicative range for the starting point of the fine based on a controller or processor’s turnover (see Steps 2 and 3 above). The Commissioner retains the discretion to use the full amount of the statutory maximum fine available, taking into account the circumstances of each individual case. However, the Commissioner will then consider whether any adjustment is necessary at Step 5 to ensure the fine is effective, proportionate and dissuasive.