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Show me where it is written in the GDPR that this could not possibly be the result of a single violation. It's not there. Yes, it says they should consider so
by downandout 8y ago
Show me where it is written in the GDPR that this could not possibly be the result of a single violation. It's not there. Yes, it says they should consider some things when determining the fine amount. But they still have the statutory authority to impose the maximum at their discretion regardless of any other considerations.
It's not FUD when that's what the law says in black and white.
- the_mitsuhiko 8y agoHonestly: what banana republic do you assume the EU is? No way a 20 million euro fine for a first infringement of a small company would be seen as reasonable. Scaremongering neither helps you nor anyone else here.
- downandout 8y agoIf they intended for there to be safeguards, those would have been built in. They. Are. Not. There.
- stordoff 8y agoA 20€ million fine for that would not be proportionate, nor would they have taken into account the relevant factors ("the nature, gravity and duration of the infringement [...] as well as [...] and the level of damage suffered by them"). Edit: typo (proportional->proportionate)
- downandout 8y agoA 20€ million fine for that would not be proportionate By whose definition? Germany might disagree with you.
- DanBC 8y agoCan you point to any excessive fines imposed by the German regulators under existing law?
- downandout 8y agoNo, but they've never had the extraterritorial reach being claimed by the EU within the GDPR either.
- portent 8y agoI'm sure technically you are right on the written wording of the law, but you can be technically right on many subjects and make the wrong business calls. Avoiding a vanishingly small regulatory risk by making real damage to your company seems like a bad call. You could totally eliminate the risk of meteorite impact on your business by relocating down a mineshaft...
- ggg9990 8y agoCourts don’t interpret laws like a Python interpreter.