Regulatory fine provisions

(1) A person acts unlawfully who, deliberately, disguises or conceals the sender or the commercial nature of the message contrary to section 6(2), first sentence.
(2) A person acts unlawfully who, intentionally or negligently,
1. contrary to section 5(1), fails to keep information available, fails to do so correctly, or fails to do so completely,
2. contrary to section 10(1), fails to provide information, fails to do so correctly, completely, or in time, 2a. contrary to section 22c(2), first sentence, makes public a general term,
3. contrary to
a) section 25(1), first sentence, including in conjunction with the third sentence, or
b) section 30(1) in conjunction with section 203(1), first sentence of the Telecommunications Act, fails to make information available, fails to do so correctly, completely, or in time, or
4. contrary to
a) section 25(1), second sentence, including in conjunction with the third sentence, or
b) section 30(1) in conjunction with section 204(1), first sentence, no. 3 of the Telecommunications Act, fails to tolerate an examination or entry named therein.
(2a) A person acts unlawfully who infringes Regulation (EU) 2018/302, as amended on 28 February 2018, by, intentionally or negligently,
1. blocking or restricting access to the online interface contrary to Article 3(1),
2. redirecting a customer to a version of the online interface named therein contrary to Article 3(2), first subparagraph,
3. applying different general conditions of access contrary to Article 4(1), or
4. applying different conditions for a payment transaction contrary to Article 5(1).
(3) A person acts unlawfully who infringes Regulation (EU) 2019/1150, as amended on 20 June 2019, by, intentionally or negligently,
1. failing to ensure that the identity named therein is recognisable, contrary to Article 3(5),
2. failing to communicate a statement of reasons, failing to do so correctly, completely, in the prescribed manner, or in time, contrary to Article 4(1) or (2), each in conjunction with Article 4(5),
3. failing to provide a possibility named therein, failing to do so correctly, completely, or in time, contrary to Article 4(3), first sentence or Article 5(4),
4. failing to designate a business user, failing to do so correctly, completely, or in time, contrary to Article 4(3), second sentence,
5. failing to make available a statement of reasons, failing to do so correctly, completely, in the prescribed manner, or in time, contrary to Article 4(4), second subparagraph,
6. failing to describe correctly a main parameter or the weighting of the main parameters, contrary to Article 5(2), first sentence in conjunction with Article 5(3) or (5),
7. failing to ensure that a description is up to date, contrary to Article 5(2), second sentence in conjunction with Article 5(3) or (5),
8. failing to provide an explanation named therein, failing to do so correctly, or completely, contrary to Article 7(2) in conjunction with Article 7(3),
9. failing to set up an internal system, failing to do so correctly, completely, or at the latest by the time of offering the online intermediation service, contrary to Article 11(1), first subparagraph in conjunction with the second subparagraph,
10. failing to conduct an examination, or failing to do so without delay after becoming aware, contrary to Article 11(2)(a),
11. failing to conduct a handling, or failing to do so without delay after finding that handling is necessary, contrary to Article 11(2)(b),
12. failing to give a notification, or failing to do so without delay after the handling has ended, contrary to Article 11(2)(c),
13. failing to make information available, or failing to do so at the latest by the time the complaints system is set up, contrary to Article 11(4), first subparagraph, first sentence,
14. failing to review information, or failing to do so in time, or failing to update it, or failing to do so in time, contrary to Article 11(4), first subparagraph, second sentence, or
15. failing to provide information, failing to do so correctly, completely, or in time, contrary to Article 12(6).
(4) A person acts unlawfully who, contrary to Article 16(6), first sentence of Regulation (EU) 2022/2065, as amended on 19 October 2022, fails to take a decision free of arbitrariness or objectively, and repeats such conduct.
(5) A person acts unlawfully who infringes Regulation (EU) 2022/2065, as amended on 19 October 2022, by, intentionally or negligently,
1. failing to give information, failing to do so correctly, completely, or in time, contrary to Article 9(1) or (5), first sentence, Article 10(1), Article 14(2) or Article 32(1),
2. failing to designate a point of contact or a person, failing to do so correctly, or failing to do so at the latest by the time the intermediary service is offered, contrary to Article 11(1), Article 12(1) or Article 13(1) in conjunction with Article 13(2),
3. failing to publish information, or failing to do so at the latest by the time the intermediary service is offered, contrary to Article 11(2), first sentence in conjunction with Article 11(3) or Article 12(2), first sentence,
4. failing to make a notification, failing to do so correctly, completely, or at the latest by the time the intermediary service is offered, contrary to Article 13(4), first sentence,
5. failing to ensure that a particular named therein is up to date, contrary to Article 13(4), second sentence,
6. failing to provide an explanation, failing to do so correctly, or completely, contrary to Article 14(3),
7. failing to make available a report, failing to do so correctly, completely, in the prescribed manner, or in time, contrary to Article 15(1), first sentence in conjunction with the second sentence, each also in conjunction with Article 24(1),
8. failing to set up a notification mechanism, failing to do so correctly, completely, in the prescribed manner, or at the latest by the time the hosting service is offered, contrary to Article 16(1), first sentence in conjunction with the second sentence, or Article 16(2),
9. failing to make a notification, failing to do so correctly, completely, or in time, or failing to give a notice, failing to do so correctly, completely, or in time, contrary to Article 16(5), including in conjunction with Article 16(6), second sentence,
10. failing to submit a statement of reasons, failing to do so correctly, completely, or in time, contrary to Article 17(1) in conjunction with Article 17(2), first subparagraph, second sentence, (3) or (4),
11. failing to grant access to a complaints management system, failing to do so correctly, completely, in the prescribed manner, or for the prescribed duration, contrary to Article 20(1) in conjunction with Article 20(2) or (3),
12. failing to reverse a decision, or failing to do so in time, contrary to Article 20(4), second sentence,
13. failing to give a notification, failing to do so correctly, completely, or in time, contrary to Article 20(5),
14. failing to ensure that a decision is taken in the manner named therein, contrary to Article 20(6),
15. failing to ensure that information named therein is accessible, contrary to Article 21(1), second subparagraph,
16. failing to take a measure, or failing to do so at the latest by the time the online platform is offered, contrary to Article 22(1),
17. failing to transmit information, failing to do so correctly, completely, or in time, contrary to Article 24(3), first sentence or (5), first sentence,
18. failing to ensure that information named therein contains no personal data, contrary to Article 24(5), second sentence,
19. designing, organising or operating an online interface contrary to Article 25(1),
20. failing to ensure that a user is able to recognise a particular named therein, contrary to Article 26(1),
21. failing to provide a function, or failing to do so correctly, contrary to Article 26(2), first subparagraph,
22. failing to ensure that a user can ascertain a matter named therein, contrary to Article 26(2), second subparagraph,
23. displaying advertising contrary to Article 26(3),
24. failing to set out a parameter, failing to do so correctly, completely, or in the prescribed manner, contrary to Article 27(1) in conjunction with Article 27(2),
25. failing to make a function accessible, failing to do so correctly, or in the prescribed manner, contrary to Article 27(3), first sentence in conjunction with the second sentence,
26. presenting advertising contrary to Article 28(2),
27. failing to ensure that a trader can only use an online platform under a condition named therein, contrary to Article 30(1),
28. failing to make a request, failing to do so correctly, or in time, contrary to Article 30(3), first subparagraph,
29. failing to store information, or failing to do so for at least six months, contrary to Article 30(5), first sentence,
30. passing on information contrary to Article 30(6),
31. failing to make information available, failing to do so correctly, completely, in the prescribed manner, or at the latest by the time the online platform is offered, contrary to Article 30(7),
32. failing to ensure that an online interface is designed or organised in the manner named therein, contrary to Article 31(1), first subparagraph or (2), or
33. failing to make information accessible, failing to do so correctly, completely, in the prescribed manner, or without delay after becoming aware, contrary to Article 32(2).
(5a) A person acts unlawfully who infringes Regulation (EU) 2023/988, as amended on 10 May 2023, by, intentionally or negligently,
1. failing to use at least the Safety Gate Portal, contrary to Article 22(7),
2. failing to process a notification, or failing to do so in time, contrary to Article 22(8), or
3. failing to design or structure an online interface correctly, contrary to Article 22(9).
(5b) A person acts unlawfully who infringes Regulation (EU) 2024/1028, as amended on 11 April 2024, by, intentionally or negligently,
1. failing to design or organise an online interface correctly, contrary to Article 7(1)(a) or (b),
2. failing to give a notification, failing to do so correctly, completely, or in time, contrary to Article 7(2), or
3. failing to transmit data, failing to do so correctly, completely, in the prescribed manner, or in time, contrary to Article 9(1), first sentence in conjunction with the second sentence, or (2).
(6) The regulatory offence may be punished
1. in the cases under
a) paragraph 1 and paragraph 2, no. 2a, paragraph 2a and paragraph 3, nos. 1, 3, 4, 9, 10 and 11, paragraph 5a, nos. 1 and 3, and paragraph 5b, no. 1, and
b) paragraph 4 and paragraph 5, nos. 8, 10 to 12, 14, 16, 18, 20 to 30 and 32, with a regulatory fine of up to three hundred thousand euros,
2. in the cases under
a) paragraph 3, nos. 2, 5 to 8, 12 to 14 and 15, paragraph 5a, no. 2, and paragraph 5b, nos. 2 and 3, and
b) paragraph 5, nos. 1 to 7, 9, 13, 15, 17, 19, 31 and 33, with a regulatory fine of up to one hundred thousand euros, and
3. in the remaining cases under paragraph 2, with a regulatory fine of up to fifty thousand euros.
(7) Against a legal person or association of persons with a total turnover of more than 5 million euros, a regulatory offence in the cases under paragraphs 4 and 5, nos. 8, 10 to 12, 14, 16, 18, 20 to 30 and 32 may, by way of derogation from paragraph 6, no. 1(b) in conjunction with section 30(2), second sentence of the Act on Regulatory Offences, be punished with a regulatory fine of up to 6 percent of the total turnover.
(8) Against a legal person or association of persons with a total turnover of more than 10 million euros, a regulatory offence in the cases under paragraph 5, nos. 1 to 7, 9, 13, 15, 17, 19, 31 and 33 may, by way of derogation from paragraph 6, no. 2(b) in conjunction with section 30(2), second sentence of the Act on Regulatory Offences, be punished with a regulatory fine of up to 1 percent of the total turnover.
(9) Total turnover within the meaning of paragraphs 7 and 8 is the sum of all revenue that the legal person or association of persons achieved worldwide in the business year preceding the authority's decision. The total turnover may be estimated.
(10) The administrative authority within the meaning of section 36(1) no. 1 of the Act on Regulatory Offences is, in the cases
1. under paragraph 2, no. 3(a) and no. 4(a), paragraphs 4, 5, nos. 1 to 5, 7 to 22, 24, 25 and 27 to 33, and paragraphs 5a and 5b, no. 1, the Digital Services Coordinator,
2. under paragraph 2, nos. 2a, 3(b) and 4(b), and paragraphs 2a, 3 and 5b, nos. 2 and 3, the Federal Network Agency,
3. under paragraph 5, no. 6, the Federal Agency for Child and Youth Protection in the Media, insofar as it is competent under section 12(2), first sentence for enforcing Article 14(3) of Regulation (EU) 2022/2065,
4. under paragraph 5, nos. 23 and 26, the Federal Commissioner for Data Protection and Freedom of Information.