How do supervisory authorities decide on data protection fines? Until now, the procedure was not regulated uniformly—but that is about to change. With the new model guidelines from the Data Protection Conference (DSK), a guide is available for the first time that aims to ensure greater transparency and legally secure procedures. This is a step that is significant not only for authorities but also for companies.
Uniform Standards for Data Protection Supervision
In June 2025, the DSK published model guidelines for the procedure regarding fines by data protection supervisory authorities (MRiDaVG). These model guidelines are intended to be enacted as administrative regulations within the respective federal and state data protection supervisory authorities. According to the DSK, they are scheduled for publication. The specifications of these guidelines are intended to achieve internal and cross-authority uniformity in data protection supervisory procedures regarding fines. However, EDPB requirements are to be observed with priority. The respective administrative procedures, which are not the subject of these model guidelines, continue to be considered separately.
Relevance of the Model Guidelines for Practice and Legal Certainty
The objective is to provide guiding specifications for the course of proceedings, the exercise of discretion, and the application and interpretation of German legal norms within the framework of proceedings regarding fines under the GDPR. The focus is on the standard case.
In addition to general questions, they regulate competencies, the procedure for fines, intermediate proceedings, seized evidence, and the disclosure of information regarding fine proceedings. Regarding discretionary decisions, it states, for example, that “dutiful discretion” according to Section 47 (1) OWiG within the scope of the GDPR is to be interpreted in the sense of the discretionary grounds of Art. 83 (2) sentence 2 GDPR. There are also requirements for the content of a potential notice. In practice, these model guidelines are therefore helpful as a benchmark when necessary to legally review any fine decisions.
