Referral C-383/23 (ILVA, 21 Jun 2023)

1. Must the term ‘undertaking’ in Article 83(4) to (6) of the General Data Protection Regulation be understood as an undertaking within the meaning of Articles 101 and 102 TFEU, in conjunction with recital 150 of that regulation, and the case-law of the Court of Justice of the European Union concerning EU competition law, so that the term ‘undertaking’ covers any entity engaged in an economic activity, regardless of that entity’s legal status and the way in which it is financed?

2. If the answer to the Question 1 is in the affirmative, must Article 83(4) to (6) of the General Data Protection Regulation be interpreted as meaning that, when imposing a fine on an undertaking, regard must be had to the total worldwide annual turnover of the economic entity of which the undertaking forms part, or only the total worldwide annual turnover of the undertaking itself?