Penalties for non-compliance
What are the penalties for non-compliance?
In the event of late delivery of the documentation to the Ministry of Economic Development promoters are subject to fines of between € 2,065.83 (approx. US$2,300) up to € 10,329.14 (approx. US$11,570).
In case of performance of prize promotions according to a mechanic different from the one outlined in the terms and conditions or notified to the Ministry of the Economic Development, fines of between € 1,032.91(approx. US$1,150) and € 5,164.57 (approx. US$5,785) are applicable.
In the event of promotions contravening the requirements of the DPR, the applicable sanctions shall be between € 1,032.91 (approx. US$1,150) and € 2,582.28 (approx. US$2,900). This sanction is doubled if the prize promotion is carried out after the prohibition issued by the authorities. Also, if the promotion is qualified as illegal gambling, fines of between €50,000.00 (approx. US$56,000) up to €500,000.00 (approx. US$560,000) are applicable.
Finally, there is the possibility that the personal data processing aspects of the promotion could breach GDPR, which has maximum fines of up to the higher of (i) €20 million (approx. US$22.4m), or (ii) 4% of the promoter’s worldwide annual revenue.