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So, honest question for you and others who have know more about this stuff: is it possible that perhaps you're erring on the side of caution a little too much?
by mercer 9y ago
So, honest question for you and others who have know more about this stuff: is it possible that perhaps you're erring on the side of caution a little too much?
It's a lawyer's job to worry about everything that could go wrong, and assume a worst-case scenario, but surely in many cases GDPR will be about the spirit of the law rather than the letter?
For example, while I personally think the backing-up-now-deleted-user-data issue is not insurmountable, assuming it's not, I cannot imagine that these 'small companies' will be fined left and right for failing to remove a user's data from every backup. And that's even assuming that there's a high likelihood that said backups will be investigated.
To make an analogy: there are quite a number of regulations in effect concerning invoicing that are flagrantly violated by almost every single small-business owner that I know. Some of them have won the 'audit-lottery' and did not suffer any significant consequences, because their transgression was relatively minor (stuff like correcting an invoice and sending it without properly sending a credit-invoice first to nullify the initial invoice).
Again, I'm way out of my depth here so by all means yell at me for being irresponsible about this :).
- fasteddie 9y agoAs someone responsible for implementation -- yes, we are probably erring on the side of caution too much, but "probably" doesn't cut it with the potential fines on the line. -How big is "probably? 5% chance? 0.01% Chance? -Maybe they will be lax on cookie policy slipups but not on purging delete requests from backups, how are we to know on May 26? -Maybe they will only investigate the big public giants, or maybe they will respect maliciously-intented complaints from competitors? This is why, for example, Delaware is the chosen state for corporations -- case law is settled and has a very predictable legal frame work. In the absence of data, its hard to know WHERE people will get the hammer.