Member States must establish supervisory authorities with extensive investigative and sanctioning powers, and lay down rules on penalties applicable to infringements.
The penalties provided for must be effective, proportionate and dissuasive. Penalties for non-compliance are to be capped at 3 per cent of the net worldwide turnover of the relevant company (or net consolidated worldwide turnover for ultimate parent companies). The Commission is to develop guidance outlining how pecuniary penalties are to be calculated by the supervisory authorities.
Competent authorities, and the applicable transposition laws, will be determined on the basis of the in-scope undertakings’ registered seat or, for non-EU undertakings, their branch (or the Member State in which the undertaking generated the highest net turnover, if it has several branches or do not have any).
Under the Omnibus Requirements Proposal, the requirement for a “harmonised” EU-wide civil liability regime has been reshiftd. However, civil liability may still arise under the general tort law regimes of many Member States in cases where damage is directly cautilized by a breach of the due diligence obligation.
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