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> I'm not a lawyer, but it my impression that the main thing that is different with the GDPR is the threat that it will actually get enforced I think you are d
by jimnotgym 9y ago
> I'm not a lawyer, but it my impression that the main thing that is different with the GDPR is the threat that it will actually get enforced
I think you are dead right. GDPR is an incremental modernisation of the 1995 EU regulation. There have been a number of cases recently that have shown that Facebook, for instance, have been breaking the current EU law, but the national governments (Germany, Belgium recently) have had a hard time enforcing it in any meaningful way. GDPR will allow national governments to enforce their existing laws. If you are a US company who was breaking, for instance, the UK's Data Protection Act 1998 then I have very little sympathy if GDPR now breaks your business model. Breaking the law, but exploiting jurisdiction is not the kind of competitive advantage I will stand up for.
BTW you can't opt out of the law in a EULA.
- avar 9y agoHow will the GDPR allow EU member states to enforce pre-GDPR law? How was it simultaneously law and unenforceable before?
- stordoff 9y agoAs I understand it, the existing Directive has to be implemented by member states in domestic law. This makes it difficult for one member state to enforce action against a company incorporated in another. As a Regulation, the GDPR is directly binding and can be enforced at the EU level, rather than just at the national level. In some ways, it makes it easier to comply, because you just have one set of rules rather than multiple national implementations of the Directive.