GDPR - Art. 83
GDPR Fine Calculator
Estimate the statutory cap and an indicative applied fine under GDPR Article 83 tiers.
How this is calculated
- Statutory cap: the higher of a fixed amount and a share of total worldwide annual turnover for the preceding financial year - EUR 10 million or 2% for Art 83(4) infringements, EUR 20 million or 4% for Art 83(5). The tool applies the tier you pick to the turnover you enter.
- Indicative applied fine: a slice of that cap chosen by the enforcement band you pick - 0% to 1% of the cap for warning/low, 3% to 20% for mid, 20% to 100% for severe.
- The colour follows the band (warning/low green, mid amber, severe red). The tool does not score the eleven Art 83(2) factors; it lists them so you can see what an authority weighs.
Constants the tool uses
Unless a value names a study, it is VITI Security's working estimate for budgeting - not taken from a statute or a dated study - so treat it as an adjustable assumption.
- Warning / low band
- 0%-1% of the cap
- Mid band
- 3%-20% of the cap
- Severe band
- 20%-100% of the cap
Worked example
The calculator run on its default inputs:
- Annual global turnover (€ millions)
- €25 million
- Violation tier
- Art 83(5) - e.g. unlawful processing, consent, data-subject rights, transfers
- Enforcement severity band
- Mid - first enforcement, partial cooperation
Statutory cap (Art 83(5))
€20,000,000
- Fixed ceiling
- €20,000,000
- 4% of worldwide turnover
- €1,000,000
- Cap = higher of the two
- €20,000,000
- Indicative applied fine (Mid band)
- €600,000 - €4,000,000
With EUR 25 million turnover and an Art 83(5) infringement, 4% of turnover is EUR 1,000,000, below the EUR 20,000,000 fixed amount, so the cap is EUR 20,000,000. The mid band takes 3% to 20% of that cap: EUR 600,000 to EUR 4,000,000. Below EUR 500 million turnover the fixed EUR 20 million sets the Art 83(5) cap; above it, the 4% figure does.
Sources
- GDPR Art. 83 - Regulation (EU) 2016/679 (EUR-Lex) - the fine ceilings in Art 83(4)-(5) and the Art 83(2) factors
- EDPB Guidelines 04/2022 on the calculation of administrative fines - the method EU authorities follow to set a fine (final version adopted 24 May 2023)
- CJEU, ILVA, Case C-383/23 (13 February 2025) - the percentage cap is based on the turnover of the whole undertaking, usually the group
Sources last checked September 2026.
Limitations
Authorities follow the EDPB guidelines, which start from the seriousness of the infringement and the size of the undertaking and then adjust for the Art 83(2) factors; the bands here are a rough stand-in for that method. The tool does not cover Art 83(6) (ignoring an order of the authority) or national rules on fining public bodies. This is an indicative estimate for education and planning, not legal advice. Laws and published figures change, and regulators and courts apply discretion no calculator can model - confirm with a qualified legal or compliance professional before acting on a result.