6 ms·
these assurances from internet forums are great and all, but hwy take such risk?
by liveoneggs 8y ago
these assurances from internet forums are great and all, but hwy take such risk?
- Hamuko 8y agoDo you think you're going to be slapped with a 20 million euro fine on day three?
- liveoneggs 8y agohow do I know that I will not be? that's the issue
- jdietrich 8y agoBecause European courts and regulatory authorities are not run by gibbering morons. The Data Protection Directive was materially similar to the GDPR and was enforced by the same supervisory authorities. The DPD gave member states total discretion as to the level of fines, with no upper limit. I have found no evidence whatsoever of irrationally large or unreasonable fines under the DPD. You could be breaking the law in any number of countries. What steps are you taking to comply with the laws of Saudi Arabia or North Korea?
- woolvalley 8y agoWell usually they aren't any kind of social or economic hubs, so I don't really worry if I can't enter or do business with north korea in my day to day life. The EU on the other hand... Also almost all laws stay in one jurisdiction, they don't go beyond their own country.
- Hamuko 8y agoSo your preferred way would be to have 28 different data protection laws?
- fencepost 8y agoBecause European courts and regulatory authorities are not run by gibbering morons. Not the courts, but "Brexit"
- jacquesm 8y agoThat's pretty much the opposite.
- mnkypete 8y agoSure, feel free to "leave", really, no offense. We talked to a lawyer in Germany regarding this (we are a small software company with 5 people). His response was: If you don't do shady shit with customer data, you'll probably don't have to worry. Also, if you are in a "contractual agreement" (e.g. EULA), you can apparently justify most data collection without any change at all.
- nickpp 8y agoIf he really said "probably", then he’s the one who doesn’t have to worry about the advice he gave you being incorrect.
- mnkypete 8y agoThe thing is, he can't say anything else. There are no reference cases in court yet, so it will need to be decided what is actually true. However, this cases will be fought with the Googles & Facebooks, not with 5 person companies.
- greglindahl 8y agoHow do you know that only Google and Facebook will have problems?
- mnkypete 8y agoJust a personal risk I'm willing to take. I don't think they'll come for the small fish first.
- kodablah 8y agoEven though that's a personal risk you're willing to take, it might not be one everyone else is willing to. One might question a law that asks everyone to take risks (or pay/pray for peace of mind).
- jimnotgym 8y agoPlease take the assurance from the 'horses mouth' instead. The ICO is the UK body responsible for policing this. Their site is simple and in plain English. https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/whats-new/ https://ico.org.uk/for-organisations/guide-to-the-general-da...
- nickpp 8y agoUK is not the only country that can sue you under GDPR. What if Bulgaria decides 20 million sound pretty good?
- jimnotgym 8y agoSame regulation... Same process. You have to be a flagrant and persistent offender who ignores the regulator to even be facing a fine.
- nickpp 8y agoCitation needed. I have seen absolutely zilch about the implementation of GDPR in countries like Hungary, Romania or Bulgaria. And they are members of the EU as well, you know.
- jdietrich 8y agoIt's in the text of the legislation. Chapter 7 sets out the requirements for the European Data Protection Board to ensure consistent application of the regulations across all member states. Article 83 states that any penalties must be proportionate to the nature, gravity and duration of the infringement, the intentional or negligent character of the infringement, action taken to prevent or mitigate an infringement and the degree of cooperation with the supervisory authority. https://gdpr-info.eu/ https://gdpr-info.eu/
- joering2 8y agoFurthermore mark your callendar as 18 of march 2019 is when UK leaves EU and GDPR wont apply anymore.
- kybernetikos 8y agoRisk is a part of life. Even before GDPR there was a risk that you were violating some privacy law in countries that your customers were connecting from. By putting your product out there, you've taken on most of this risk already.
- jimnotgym 8y agoThere was a previous 1995 directive for instance. It didn't have the teeth of GDPR, but was actually rather similar. It would be hard to be compliant with That and in breach of GDPR. That rather makes the anti GDPR arguement sound like "yes I know that is the law, but I was breaking it over the internet so that doesn't count"