Recital 71

In order to strengthen the enforcement of the rules on secondary use, appropriate measures that can lead to administrative fines or enforcement measures by health data access bodies or temporary or definitive exclusions from the EHDS framework of health data users or health data holders that do not comply with their obligations should be envisaged. Health data access bodies should be empowered to verify compliance of health data users and health data holders and give them the opportunity to reply to any findings and to remedy any infringement. When deciding on the amount of the administrative fine or on an enforcement measure for each individual case, health data access bodies should take into account the cost margins and the criteria set out in this Regulation, ensuring that those fines or measures are proportionate.