3 ms·
I think your questions come down to general European v.s. US jurisprudence. > If Alice mishandles Bob's property, > why is Charlie getting paid for it?
by avar 9y ago
I think your questions come down to general European v.s. US
jurisprudence.
> If Alice mishandles Bob's property,
> why is Charlie getting paid for it?
If Alice and Bob both join Fight Club and have a consensual fight and
one of them dies, even in the US the survivor will be charged by the state for
that.
The reason is that certain violations aren't simply seen as
person-to-person violations, but disturbances of the general order
that have ripple effects on the rest of society.
European countries in general are more prone to seeing something like
the violation of business law as being a crime against the state, not
just a violation of the specific people who were victims in that
specific instance.
It has upsides and downsides, but I think in general it's better than
the US system. American companies tend to have to worry about
compliance with regulators and the possibility of huge payouts from
court cases filed by individuals. If you have a small company and
screw something up (but not much more than other companies in general)
you can go bankrupt mainly due to bad luck.
In Europe companies tend to mostly have to worry about just the
regulators and the state, except in cases of gross negligence, which
makes it easier to predict when you need to be compliant etc.
There's also the practical matter that the state has a lot more
leverage against the likes of Facebook and can exercise collective
bargaining. You can see how well this "your personal information is
your property" idea is going in the US with the likes of Equifax,
Facebook etc. In practice the little guy just has to eat the TOS of
these services and doesn't have anything like a property right over
his information.
As to your question of whether some companies will simply eat the 4%
fine. We'll see, but that's a topic unrelated to who the fine is being
paid to.
If some company like Facebook were to publicly flaunt the GDPR you can
bet they'll find something else to charge them with. The GDPR isn't
the only privacy regulation in effect, there's also various national
regulations that could be brought to bear. The threat of the 4% fine
is mainly intended as a big stick to bring companies into compliance.