>That's not correct. Often DPAs are issuing corrective instruction prior to a fine, but not always, and there's nothing in the law that requires it.
It's not quite as obvious as a clause like "Supervisory Authorities must not fine unless..." but the GDPR clearly anticipates that fines should not always be imposed.
Give Article 83 ("General conditions for imposing administrative fines") of the GDPR a read.
To wit:
Paragraph 1 states "the imposition of administrative fines [...] shall in each individual case be effective, proportionate and dissuasive"
The introduction of proportionality means SAs can't just jump to issuing fines if a warning will suffice (and if they do then it can be overturned by a court or by the EDPB issuing a binding instruction).
Paragraph 2 states "When deciding whether to impose an administrative fine and deciding on the amount of the administrative fine in each individual case due regard shall be given to the following" and then lists 11 factors that the SA must take in to account.
Again, if these aren't taken in to account then the SA risks losing a judicial review of the decision to fine.
Assuming that bureaucrats will be totally reasonable seems to be a uniquely European thing. They may be more reasonable than ours in the US, but the incentives of the system don't support the latitude they're given.
It's not quite as obvious as a clause like "Supervisory Authorities must not fine unless..." but the GDPR clearly anticipates that fines should not always be imposed.
Give Article 83 ("General conditions for imposing administrative fines") of the GDPR a read.
To wit:
Paragraph 1 states "the imposition of administrative fines [...] shall in each individual case be effective, proportionate and dissuasive"
The introduction of proportionality means SAs can't just jump to issuing fines if a warning will suffice (and if they do then it can be overturned by a court or by the EDPB issuing a binding instruction).
Paragraph 2 states "When deciding whether to impose an administrative fine and deciding on the amount of the administrative fine in each individual case due regard shall be given to the following" and then lists 11 factors that the SA must take in to account.
Again, if these aren't taken in to account then the SA risks losing a judicial review of the decision to fine.