e-Evidence Regulation Article 15: Penalties

1. Without prejudice to national laws providing for the imposition of criminal penalties, Member States shall lay down rules on pecuniary penalties applicable to infringements of Articles 10 and 11 and Article 13(4), in accordance with Article 16(10), and shall take all measures necessary to ensure that they are implemented. The pecuniary penalties provided for shall be effective, proportionate and dissuasive. Member States shall ensure that pecuniary penalties of up to 2 % of the total worldwide annual turnover of the service provider’s preceding financial year can be imposed. Member States shall, without delay, notify the Commission of those rules and of those measures, and shall notify it, without delay, of any subsequent amendment affecting them.

2. Without prejudice to data protection obligations, service providers shall not be held liable in Member States for prejudice caused to their users or third parties that exclusively results from compliance in good faith with an EPOC or an EPOC-PR.