Article 50 Administrative penalties and remedial measures

TL;DR

This article from the European Union's Digital Operations Resilience Act outlines the powers and penalties possessed by competent authorities in order to ensure compliance with the Act's requirements. They include the right to access documents, carry out inspections and investigations, summon financial entity representatives for questioning, issue corrective measures, and lay down rules for administrative penalties and remedial measures. Administrative penalty and remedial measures may range from requiring a cessation of activities in breach of the regulation, pecuniary measures for continued compliance, access to telecommunications records in support of an investigation, and public notices and statements. In cases involving legal persons, such penalties and measures may extend to members of the management body and other relevant individuals under national law. All decisions imposed are to be properly reasoned and allow for a right of appeal.

Competent authoritiesas defined in Article 46 shall have all supervisory, investigatory and sanctioning powers necessary to fulfil their duties under this Regulation.
The powers referred to in paragraph 1 shall include at least the following powers to:
1. have access to any document or data held in any form that the competent authorityas defined in Article 46 considers relevant for the performance of its duties and receive or take a copy of it;
2. carry out on-site inspections or investigations, which shall include but shall not be limited to;
  
  summoning representatives of the financial entitiesas defined in Article 2, points (a) to (t) for oral or written explanations on facts or documents relating to the subject matter and purpose of the investigation and to record the answers;
  
  interviewing any other natural or legal person who consents to be interviewed for the purpose of collecting information relating to the subject matter of an investigation;
3. require corrective and remedial measures for breaches of the requirements of this Regulation.
Without prejudice to the right of Member States to impose criminal penalties in accordance with Article 52, Member States shall lay down rules establishing appropriate administrative penalties and remedial measures for breaches of this Regulation and shall ensure their effective implementation.

Those penalties and measures shall be effective, proportionate and dissuasive.
Member States shall confer on competent authoritiesas defined in Article 46 the power to apply at least the following administrative penalties or remedial measures for breaches of this Regulation:
1. issue an order requiring the natural or legal person to cease conduct that is in breach of this Regulation and to desist from a repetition of that conduct;
2. require the temporary or permanent cessation of any practice or conduct that the competent authorityas defined in Article 46 considers to be contrary to the provisions of this Regulation and prevent repetition of that practice or conduct;
3. adopt any type of measure, including of pecuniary nature, to ensure that financial entitiesas defined in Article 2, points (a) to (t) continue to comply with legal requirements;
4. require, insofar as permitted by national law, existing data traffic records held by a telecommunication operator, where there is a reasonable suspicion of a breach of this Regulation and where such records may be relevant to an investigation into breaches of this Regulation; and
5. issue public notices, including public statements indicating the identity of the natural or legal person and the nature of the breach.
Where paragraph 2, point (c), and paragraph 4 apply to legal persons, Member States shall confer on competent authoritiesas defined in Article 46 the power to apply the administrative penalties and remedial measures, subject to the conditions provided for in national law, to members of the management bodymeans a management body as defined in Article 4(1), point (36), of Directive 2014/65/EU, Article 3(1), point (7), of Directive 2013/36/EU, Article 2(1), point (s), of Directive 2009/65/EC of the European Parliament and of the Council (³¹), Article 2(1), point (45), of Regulation (EU) No 909/2014, Article 3(1), point (20), of Regulation (EU) 2016/1011, and in the relevant provision of the Regulation on markets in crypto-assets, or the equivalent persons who effectively run the entity or have key functions in accordance with relevant Union or national law;, and to other individuals who under national law are responsible for the breach.

management body Paragraph has special considerations for 'management body' as defined by Article 3 point 30.
Member States shall ensure that any decision imposing administrative penalties or remedial measures set out in paragraph 2, point (c), is properly reasoned and is subject to a right of appeal.

Table of contents