[22nd December 2023] REPUBLIC OF SEYCHELLES Data Protection Act SUPPLEMENT TO OFFICIAL GAZETTE 673 ACT (2) In addition to any penalty referred to under subsection (1), the court may — (a) order the forfeiture of any equipment or any article used or connected in any way with the commission of the offence; or (b) order or prohibit the doing of any act to stop a continuing contravention. General conditions for imposing administrative fines 51.(1) The Commission shall ensure that the imposition of administrative fines for infringements of this Act shall, in each individual case, be effective, proportionate and dissuasive. (2) Administrative fines shall, depending on the circumstances of each individual case, be imposed in addition to, or instead of, measures under the corrective authority of the Commission. (3) When deciding whether to impose an administrative fine and on the amount of the fine in each individual case, the Commission will take into account the following — (a) the nature, gravity and duration of the infringement, taking into account the nature, scope or purpose of the processing concerned as well as the number of data subjects affected and the level of damage suffered by them; (b) the intentional or negligent character of the infringement; (c) any action taken by the data controller or data processor to mitigate the damage suffered by the data subjects; (d) the degree of responsibility of the data controller or data processor, taking into account the technical and organisational measures implemented by them; (e) any relevant previous infringements by the data controller or data processor;