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Your comment doesn’t do much to assuage my fear. All I see is uneven and arbitrary enforcement of an ill defined system that’s basically an excuse to tax tech c

Your comment doesn’t do much to assuage my fear. All I see is uneven and arbitrary enforcement of an ill defined system that’s basically an excuse to tax tech companies more. Oh and “if you're only thinking about this now, you're probably too late” GDPR is anti-tech and anti-small business.

matthewmacleod 8y ago
1. You haven’t seen any enforcement 2. Enforcement will likely follow the current path of most national regulators, which is about compliance more than punishment 3. Why do you think it applies to only tech companies? 4. Small companies will find compliance much easier.
Nursie 8y ago
> All I see is uneven and arbitrary enforcement Have we seen any enforcement at all yet?
- unstatusthequo 8y ago
  Not yet because it's not even in effect until May 25th. Then enforcement can begin. But yes, in the legal industry we expect it to be very uneven enforcement. The German regulator may be more worked up than the Spanish one, for example. And again, it's going to be low hanging fruit. Why would a regulator bring an enforcement action against some solo practitioner making $100k a year to maybe get $4k in fines when they can go after Facebook?
  - maxxxxx 8y ago
    "Why would a regulator bring an enforcement action against some solo practitioner making $100k a year to maybe get $4k in fines when they can go after Facebook?" Because the little guy won't put up much resistance? I think GDPR is a good thing BTW.
  - codexon 8y ago
    Why would they do 4k in fines when they can charge 20 million euro in fines?
    - detaro 8y ago
      Because they can't just charge 20 million, and don't want a court explaining them why?
      - codexon 8y ago
        Have you even read the GDPR? It literally says this. "4% of annual global turnover or €20 Million (whichever is greater)"
        mrunkel 8y ago
        It literally doesn't. What it literally says is: "...subject to administrative fines up to 20 000 000 EUR, or in the case of an undertaking, up to 4 % of the total worldwide annual turnover of the preceding financial year, whichever is higher." It also says "...the fines imposed shall be effective, proportionate and dissuasive."
        codexon 8y ago
        Ok close enough? Forgive me for not remembering the exact wording of the GDPR and taking the first result that comes up on Google. https://gdpr-info.eu/art-83-gdpr/ https://gdpr-info.eu/art-83-gdpr/ "Infringements of the following provisions shall, in accordance with paragraph 2, be subject to administrative fines up to 20 000 000 EUR, or in the case of an undertaking, up to 4 % of the total worldwide annual turnover of the preceding financial year, whichever is higher:" Proportionate how? That's obviously up to them to decide and they probably mean that large companies like Google will be subject to the 4% instead of 20 million euro. Are you going to bet your life savings that they will fine you 4k euro instead of 1 million euro? Why would they bother to add the phrase with "whichever is higher" if they were even going to consider a fine lower than 20 million euro? Think about it. They don't care about the fine being proportionate to the downside, they are just worried about it not being strict enough to companies like Facebook and Google.
- cocacola1 8y ago
  I don't think it goes into effect until May 25th.
orf 8y ago
It's decidedly pro-consumer[1] though and the full text isn't long[2]. 1. http://www.seyfarth.com/dir_docs/publications/GDPR_Webinar_2_Presentation.pdf http://www.seyfarth.com/dir_docs/publications/GDPR_Webinar_2... 2. https://gdpr-info.eu/ https://gdpr-info.eu/
- whataretensors 8y ago
  It's 88 pages with 11 chapters of numbered regulations written in legalese. I wonder what you would consider long.
  - mrunkel 8y ago
    You can read and understand the entire thing in under an hour. It's not 88 full 'pages' of text, and what few legal terms they use are either A) defined in other parts of the document or B) easily googable.
    - whataretensors 8y ago
      Here's the PDF http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32016R0679 http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX... If you print it you can see 88 pages.
unstatusthequo 8y ago
Well, it's true. Sorry if it doesn't help you, but the regulation was announced almost two years ago. Even some Fortune 1000 companies are way behind on preparing for this.

matthewmacleod 8y ago

1. You haven’t seen any enforcement 2. Enforcement will likely follow the current path of most national regulators, which is about compliance more than punishment 3. Why do you think it applies to only tech companies? 4. Small companies will find compliance much easier.

Nursie 8y ago

> All I see is uneven and arbitrary enforcement Have we seen any enforcement at all yet?

unstatusthequo 8y ago
Not yet because it's not even in effect until May 25th. Then enforcement can begin. But yes, in the legal industry we expect it to be very uneven enforcement. The German regulator may be more worked up than the Spanish one, for example. And again, it's going to be low hanging fruit. Why would a regulator bring an enforcement action against some solo practitioner making $100k a year to maybe get $4k in fines when they can go after Facebook?
- maxxxxx 8y ago
  "Why would a regulator bring an enforcement action against some solo practitioner making $100k a year to maybe get $4k in fines when they can go after Facebook?" Because the little guy won't put up much resistance? I think GDPR is a good thing BTW.
- codexon 8y ago
  Why would they do 4k in fines when they can charge 20 million euro in fines?
  - detaro 8y ago
    Because they can't just charge 20 million, and don't want a court explaining them why?
    - codexon 8y ago
      Have you even read the GDPR? It literally says this. "4% of annual global turnover or €20 Million (whichever is greater)"
      - mrunkel 8y ago
        It literally doesn't. What it literally says is: "...subject to administrative fines up to 20 000 000 EUR, or in the case of an undertaking, up to 4 % of the total worldwide annual turnover of the preceding financial year, whichever is higher." It also says "...the fines imposed shall be effective, proportionate and dissuasive."
        codexon 8y ago
        Ok close enough? Forgive me for not remembering the exact wording of the GDPR and taking the first result that comes up on Google. https://gdpr-info.eu/art-83-gdpr/ https://gdpr-info.eu/art-83-gdpr/ "Infringements of the following provisions shall, in accordance with paragraph 2, be subject to administrative fines up to 20 000 000 EUR, or in the case of an undertaking, up to 4 % of the total worldwide annual turnover of the preceding financial year, whichever is higher:" Proportionate how? That's obviously up to them to decide and they probably mean that large companies like Google will be subject to the 4% instead of 20 million euro. Are you going to bet your life savings that they will fine you 4k euro instead of 1 million euro? Why would they bother to add the phrase with "whichever is higher" if they were even going to consider a fine lower than 20 million euro? Think about it. They don't care about the fine being proportionate to the downside, they are just worried about it not being strict enough to companies like Facebook and Google.
cocacola1 8y ago
I don't think it goes into effect until May 25th.

orf 8y ago

It's decidedly pro-consumer[1] though and the full text isn't long[2]. 1. http://www.seyfarth.com/dir_docs/publications/GDPR_Webinar_2_Presentation.pdf http://www.seyfarth.com/dir_docs/publications/GDPR_Webinar_2... 2. https://gdpr-info.eu/ https://gdpr-info.eu/

whataretensors 8y ago
It's 88 pages with 11 chapters of numbered regulations written in legalese. I wonder what you would consider long.
- mrunkel 8y ago
  You can read and understand the entire thing in under an hour. It's not 88 full 'pages' of text, and what few legal terms they use are either A) defined in other parts of the document or B) easily googable.
  - whataretensors 8y ago
    Here's the PDF http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32016R0679 http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX... If you print it you can see 88 pages.

unstatusthequo 8y ago

Well, it's true. Sorry if it doesn't help you, but the regulation was announced almost two years ago. Even some Fortune 1000 companies are way behind on preparing for this.