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70. Are penalties harmonised across the EU?

The Member States are responsible for setting penalties and all the necessary measures relative to their application. However, to ensure high consistency across the EU, the EDIB will be used as a platform to evaluate, coordinate, and adopt recommendations on setting penalties for infringements of the Data Act. DPAs may within their scope of competence impose fines in accordance with the GDPR for the infringements of the obligations laid down in Chapter II, III and V of the Data Act. The EDPS may, within its scope of competence, impose administrative fines in accordance with Regulation (EU) 2018/1725 for infringements of the obligations laid down in Chapter V.