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I think that there are two contrary trends. Large companies that substantially profit from personal data are testing the boundaries of GDPR. They've got compet
by jdietrich 8y ago
I think that there are two contrary trends.
Large companies that substantially profit from personal data are testing the boundaries of GDPR. They've got competent legal advice and know that a blatant effort would earn the wrath of the regulators, so they're being subtle about it. They're creatively interpreting grey areas. They're using complex and confusing opt-outs justified by spurious technical issues. They're carefully planning a strategy that will allow them to drag out the enforcement process and gain as much ground as possible, while maintaining the pretence that they're making a good-faith effort to comply. They'd rather avoid a heavy fine, but they're not afraid of butting heads with the regulators.
A lot of small companies without in-house counsel are going a bit crazy. Maybe they've spoken to a data protection consultant who has fed them a bunch of FUD, maybe they've just read a few articles in the press, but they haven't really scrutinised the text of the GDPR or spoken to a regulatory authority. They don't understand what their obligations are under the GDPR or the overarching principles of data protection, but they're doing something. Sometimes that thing is completely overzealous, sometimes it's totally inadequate. I've seen a lot of misguided efforts by SMEs to indemnify themselves against GDPR, akin to the "no copyright intended" statements you see in YouTube descriptions. Many of these companies had been completely ignoring the old Data Protection Directive, so they've got a lot of catching up to do.