Estimate Your Article 99 Exposure
Enter your turnover, company size and what was breached to see your statutory ceiling under Article 99 instantly — plus an illustrative figure for where inside that ceiling a case might land. Everything runs in your browser; nothing is sent to us.
= €10,000,000
SME test: fewer than 250 staff and (turnover ≤ €50M or balance sheet ≤ €43M). Count staff in annual work units and include partner and linked group entities — a small subsidiary of a large group is not an SME. Status only changes after two consecutive years over a ceiling.
Art. 99(7)(a) — nature, gravity and duration, and the number of people affected.
How this ceiling is calculated
Article 99(6) — SME rule. For SMEs and start-ups the ceiling is the lower of €15M and 3% of turnover (€300k) — here €300k.
Obligations of providers (Art. 16), authorised representatives (Art. 22), importers (Art. 23), distributors (Art. 24) and deployers (Art. 26); requirements on notified bodies (Arts. 31, 33, 34); and — under Art. 99(4)(g) — the transparency obligations of Article 50.
Who counts as an SME. Article 99(6) borrows Recommendation 2003/361/EC: fewer than 250 staff and (turnover at or below €50M or balance-sheet total at or below €43M). The staff limb is joined by and, so it is an absolute ceiling — at 250 staff or more the enterprise is a large one however small its revenue. The two financial limbs are alternatives, and this tool does not ask for your balance sheet, so it can rule SME status out on staff but never confirm it. Staff are counted in annual work units, with partner and linked enterprises aggregated in, and a ceiling has to be crossed in two consecutive accounting periods before status actually changes.
Turnover is the undertaking’s total worldwide turnover for the preceding financial year — for a group, the group’s, not the filing entity’s. The percentage limb applies only where the offender is an undertaking.
The illustrative fine is not statutory. Article 99(7) lists the criteria a market surveillance authority must weigh and attaches no weights and no formula to them; the points shown against each factor are ours.
Disclaimer: The ceilings are Article 99’s own; the illustrative fine is not — it applies weights we chose to criteria the Regulation leaves unweighted. Real fines are set by national authorities on the facts of the case, and a fine is not the only enforcement route. Nothing here is legal advice.
Understand your full Article 50 obligations
Penalty exposure is one part of your compliance picture. Article 50 requires transparency across documentation, testing, and governance — not just avoiding fines.
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