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As to the theory, I stand corrected! As to the practicality of suing for violations, how would you quantify "damaged suffered" from saving a cookie in my brows
by delusional 5y ago
As to the theory, I stand corrected!
As to the practicality of suing for violations, how would you quantify "damaged suffered" from saving a cookie in my browser?
- mimsee 5y agoRemember GDPR is a general law about data collection so it could be anything, not necessarily cookies.
- M2Ys4U 5y ago>As to the practicality of suing for violations, how would you quantify "damaged suffered" from saving a cookie in my browser? The GDPR does not regulate cookies at all, at least unless they are a form of processing of personal data, so you wouldn't be able to sue for that. It's the ePrivacy Directive that deals with cookies (and storing/accessing other data on your devices), and that lacks any sort of private cause of action, at least at the EU level. Directives (unlike Regulations) have to be transposed in to domestic law in EU member states, so depending on where you are there might be a private enforcement mechanism, but I doubt it.
- redler 5y agoIt would probably be some very large number backed by a theory like "this violation has deprived the plaintiff of their ability to fully control the disposition of their private information and activities, thereby creating permanent direct and indirect risks whose damages to the plaintiff's income, income potential, business, reputation, and family are limited only by the malevolent collective imagination of an unbounded pool of individual, institutional, or governmental adversaries."
- Ekaros 5y agoSpecially in EU where largely we do not go for punitive awards. Fines yes, but not punitive awards...