4 ms·

Since the maximum is 20 million EUR, a company-killing fine doesn’t have to be the maximum or anywhere near it for most businesses. Hell, a 100,000 EUR fine wo

Since the maximum is 20 million EUR, a company-killing fine doesn’t have to be the maximum or anywhere near it for most businesses. Hell, a 100,000 EUR fine would take the vast majority of small sites and their owners into bankruptcy.

DanBC 8y ago
Don't you feel dishonest when you keep mentioning the 20m because "that's in the law", but missing out the "proportionate" that's also written into the law? Since you'll never ever mention this, here's all the mitigation that's written into the law. https://gdpr-info.eu/art-83-gdpr/ https://gdpr-info.eu/art-83-gdpr/ --begin-- Administrative fines shall, depending on the circumstances of each individual case, be imposed in addition to, or instead of, measures referred to in points (a) to (h) and (j) of Article 58(2). 2When deciding whether to impose an administrative fine and deciding on the amount of the administrative fine in each individual case due regard shall be given to the following: the nature, gravity and duration of the infringement taking into account the nature scope or purpose of the processing concerned as well as the number of data subjects affected and the level of damage suffered by them; the intentional or negligent character of the infringement; any action taken by the controller or processor to mitigate the damage suffered by data subjects; the degree of responsibility of the controller or processor taking into account technical and organisational measures implemented by them pursuant to Articles 25 and 32; any relevant previous infringements by the controller or processor; the degree of cooperation with the supervisory authority, in order to remedy the infringement and mitigate the possible adverse effects of the infringement; the categories of personal data affected by the infringement; the manner in which the infringement became known to the supervisory authority, in particular whether, and if so to what extent, the controller or processor notified the infringement; where measures referred to in Article 58(2) have previously been ordered against the controller or processor concerned with regard to the same subject-matter, compliance with those measures; adherence to approved codes of conduct pursuant to Article 40 or approved certification mechanisms pursuant to Article 42; and any other aggravating or mitigating factor applicable to the circumstances of the case, such as financial benefits gained, or losses avoided, directly or indirectly, from the infringement. --end--
- downandout 8y ago
  Proportionate, which is not defined in the GDPR, is in the eye of the beholder. A country can easily say “we’ll only fine you 200,000 EUR - just 1% of the maximum - because this was a minor violation”. That fine would still destroy most small businesses.
jacquesm 8y ago
You'd have to work pretty hard to get a 100,000 euro fine. That's the kind of fine that would be imposed after thumbing your nose at the regulators and continuing in your ways after being warned and the violation being a particularly bad one.
- downandout 8y ago
  You'd have to work pretty hard to get a 100,000 euro fine. Please show me where it says that, and where it defines “pretty hard”.

DanBC 8y ago

Don't you feel dishonest when you keep mentioning the 20m because "that's in the law", but missing out the "proportionate" that's also written into the law? Since you'll never ever mention this, here's all the mitigation that's written into the law. https://gdpr-info.eu/art-83-gdpr/ https://gdpr-info.eu/art-83-gdpr/ --begin-- Administrative fines shall, depending on the circumstances of each individual case, be imposed in addition to, or instead of, measures referred to in points (a) to (h) and (j) of Article 58(2). 2When deciding whether to impose an administrative fine and deciding on the amount of the administrative fine in each individual case due regard shall be given to the following: the nature, gravity and duration of the infringement taking into account the nature scope or purpose of the processing concerned as well as the number of data subjects affected and the level of damage suffered by them; the intentional or negligent character of the infringement; any action taken by the controller or processor to mitigate the damage suffered by data subjects; the degree of responsibility of the controller or processor taking into account technical and organisational measures implemented by them pursuant to Articles 25 and 32; any relevant previous infringements by the controller or processor; the degree of cooperation with the supervisory authority, in order to remedy the infringement and mitigate the possible adverse effects of the infringement; the categories of personal data affected by the infringement; the manner in which the infringement became known to the supervisory authority, in particular whether, and if so to what extent, the controller or processor notified the infringement; where measures referred to in Article 58(2) have previously been ordered against the controller or processor concerned with regard to the same subject-matter, compliance with those measures; adherence to approved codes of conduct pursuant to Article 40 or approved certification mechanisms pursuant to Article 42; and any other aggravating or mitigating factor applicable to the circumstances of the case, such as financial benefits gained, or losses avoided, directly or indirectly, from the infringement. --end--

downandout 8y ago
Proportionate, which is not defined in the GDPR, is in the eye of the beholder. A country can easily say “we’ll only fine you 200,000 EUR - just 1% of the maximum - because this was a minor violation”. That fine would still destroy most small businesses.

jacquesm 8y ago

You'd have to work pretty hard to get a 100,000 euro fine. That's the kind of fine that would be imposed after thumbing your nose at the regulators and continuing in your ways after being warned and the violation being a particularly bad one.

downandout 8y ago
You'd have to work pretty hard to get a 100,000 euro fine. Please show me where it says that, and where it defines “pretty hard”.