CSDDDCurrent status

The 3% figure is a ceiling for the national penalty framework, not an automatic fine. Track the transposition law and authority practice that apply to the entity.

Author
Sorena AI
Published
Feb 21, 2026
Updated
Jul 16, 2026
Sections
3

Structured answer sets in this page tree.

Primary sources
3

Cited legal and guidance references.

Publication metadata
Sorena AI
Published Feb 21, 2026
Updated Jul 16, 2026
Overview

A useful penalty page tells visitors what is fixed at EU level and what remains jurisdiction-specific. The amended Directive requires Member States to set the maximum limit at 3% of the relevant worldwide turnover, while the actual penalty, calculation factors, procedure, publication, challenge, and enforcement route depend on the transposed national framework.

Section 1

What changed

The original Article 27 required national maximum limits of at least 5% of net worldwide turnover. The 2026 amendment replaced that rule with a uniform maximum limit set at 3% of the company's net worldwide turnover or, for relevant ultimate parents, 3% of consolidated worldwide turnover. Older summaries quoting 5% describe superseded text.

  • Replace 5% in current-law dashboards with the amended 3% maximum-limit rule, while preserving any separate national-law detail.
  • Do not label 5% an automatic penalty, a per-incident fine, or a minimum sanction.
  • Do not label 3% an automatic penalty: it is the maximum limit Member States must set, and the imposed amount remains subject to Article 27 factors and national procedure.
  • Retain the historical source only when explaining how the law changed.
Section 2

Build the national penalty register

  • Member State and in-scope entity.
  • Transposition provision and effective date.
  • Competent supervisory authority and cooperation route.
  • Covered infringements, monetary and non-monetary sanctions, Article 27 calculation factors, the 3% maximum limit, publication, and limitation.
  • Investigation, hearing, order, payment, appeal, and judicial-review procedure.
  • Source version, legal owner, review date, and unresolved interpretation.
Section 3

Evidence that reduces uncertainty

  • Document the scope conclusion and applicable national regime.
  • Retain the risk map, prioritisation rationale, prevention and corrective measures, stakeholder engagement, complaints, remediation, monitoring, and communication evidence.
  • Record management decisions, resources, escalation, and timely response to supervisory requests.
  • Keep corrective action separate from any position on liability, privilege, or settlement.
Primary sources

References and citations

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