Enforcement Action

Definition

Formal regulatory or legal proceedings taken against an organization for privacy law violations. Enforcement actions can be initiated by data protection authorities, attorneys general, federal agencies like the FTC, or through private litigation. They may result in investigations, fines, corrective orders, consent decrees requiring specific compliance measures, public reprimands, or ongoing monitoring. Enforcement actions typically begin with complaints or proactive audits, proceed through investigation, and may resolve through settlement or adjudication. Recent years have seen increased enforcement activity and higher penalties—GDPR has produced fines reaching hundreds of millions of euros, while state attorneys general actively pursue privacy violations. Organizations should take enforcement seriously by implementing compliance programs, monitoring regulatory actions against others to understand priorities, responding appropriately to investigations, considering early settlement when violations occur, and learning from others' enforcement experiences. The enforcement landscape continues intensifying globally.

Applicable Laws & Regulations

  1. 1GDPR Article 58 - Powers of supervisory authorities
  2. 2GDPR Article 83 - Administrative fines
  3. 3FTC Act Section 5 - Enforcement of unfair or deceptive practices

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