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When would it ever be proportional to charge a small business more than 2% if they can never charge a large business more than 2%? Are small businesses, as a ge
by gindely 7y ago
When would it ever be proportional to charge a small business more than 2% if they can never charge a large business more than 2%? Are small businesses, as a general rule, somehow more capable of causing damage than larger businesses?
Is the law as written somehow vulnerable to some legal hack where all my revenue goes through Company A but all my data goes through Company B, so that Company B has a small global revenue despite being extremely profitable to the controllers of the companies?
- M2Ys4U 7y ago>Is the law as written somehow vulnerable to some legal hack where all my revenue goes through Company A but all my data goes through Company B, so that Company B has a small global revenue despite being extremely profitable to the controllers of the companies? No. Who the data controllers are is a matter of fact, not assignment. To quote the Court of Justice of the European Union in the Fashion ID case (C‑40/17) at paragraph 68: "[A] natural or legal person who exerts influence over the processing of personal data, for his own purposes, and who participates, as a result, in the determination of the purposes and means of that processing, may be regarded as a controller". Furthermore, as per that case, multiple data controllers may exist for some processing activities. So both Company A and Company B may be considered to be Data Controllers and thus both liable.