TITLE VIII

PENALTIES

Effective application of penalties and exercise of powers to impose penalties by competent authorities and resolution authorities
Article 114
Member States shall ensure that when determining the type of administrative penalties or other administrative measures and the level of administrative fines, the competent authorities and resolution authorities take into account all relevant circumstances, including where appropriate:
1. the gravity and the duration of the infringement;
2. the degree of responsibility of the natural or legal person responsible;
3. the financial strength of the natural or legal person responsible, for example, as indicated by the total turnover of the responsible legal person or the annual income of the responsible natural person;
4. the amount of profits gained or losses avoided by the natural or legal person responsible, insofar as they can be determined;
5. the losses for third parties caused by the infringement, insofar as they can be determined;
6. the level of cooperation of the natural or legal person responsible with the competent authority and the resolution authority;
7. previous infringements by the natural or legal person responsible;
8. any potential systemic consequences of the infringement.