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Lots of comments here about consulting an legal expert. If GDPR is so complex it requires legal advice, is it then fair to say the law is ambiguous and unreadab

Lots of comments here about consulting an legal expert. If GDPR is so complex it requires legal advice, is it then fair to say the law is ambiguous and unreadable for the layperson? I really like the list of scenarios in the post. It is exactly what EU lawmakers should have published when GDPR launched. As often, EU tech-related laws are well-intentioned, but clumsily implemented.

mytailorisrich 4y ago
> If GDPR is so complex it requires legal advice, is it then fair to say the law is ambiguous and unreadable for the layperson? That is indeed a big issue with the GDPR, IMHO. It is complex, not clear, and most people and even companies are not really sure what they can or cannot do and how to go about it.
- account42 4y ago
  It's a lot less complex if you don't try to keep as much data as you can get away with.
- solarkraft 4y ago
  That's the problem with every law: It's ambiguous to allow for super high forwards-compatibility like the introduction of completely new technologies.
  - mytailorisrich 4y ago
    For this a well-drafted law is not ambiguous, it is generic. Indeed, the more you go into specifics the more it opens the possibility of loopholes, but it should be clear what is allowed and what isn't, and how to implement any restrictions.
bitofhope 4y ago
Most laws are at least somewhat ambiguous and unreadable for the layperson. The gist of the GDPR is not particularly hard to understand and a lot of the complexity comes from covering obvious loopholes. In my opinion, the GDPR is not clumsily implemented at all (well, not within its text anyway). It's also deliberately technology-agnostic, to prevent a trivial loophole (Oh, I'm not tracking you through cookies, I'm tracking you through Biscuits™, totally different!) and that's one reason why a list of scenarios with clear-cut answers is not really possible. A lot of tech involves interacting with data about people, so the software industry is affected by GDPR particularly hard. That's why you'll have a lot of people on a tech industry news website who may gave to consult a lawyer about the regulation. Similarly, new traffic safety laws might have logistics companies seeking legal advice, health and safety regulations might have food companies doing the same or financial regulations might have any type of company ask a lawyer about the implications. Besides, you might not be a layperson. There's a good chance if you frequent this website that you are a professional expert in different ways to store and use data for various purposes. In that case it might be a wise idea to take the time to learn your legal responsibilities with personal data to a slightly deeper standard than most people do.

mytailorisrich 4y ago

> If GDPR is so complex it requires legal advice, is it then fair to say the law is ambiguous and unreadable for the layperson? That is indeed a big issue with the GDPR, IMHO. It is complex, not clear, and most people and even companies are not really sure what they can or cannot do and how to go about it.

account42 4y ago
It's a lot less complex if you don't try to keep as much data as you can get away with.
solarkraft 4y ago
That's the problem with every law: It's ambiguous to allow for super high forwards-compatibility like the introduction of completely new technologies.
- mytailorisrich 4y ago
  For this a well-drafted law is not ambiguous, it is generic. Indeed, the more you go into specifics the more it opens the possibility of loopholes, but it should be clear what is allowed and what isn't, and how to implement any restrictions.

bitofhope 4y ago

Most laws are at least somewhat ambiguous and unreadable for the layperson. The gist of the GDPR is not particularly hard to understand and a lot of the complexity comes from covering obvious loopholes. In my opinion, the GDPR is not clumsily implemented at all (well, not within its text anyway). It's also deliberately technology-agnostic, to prevent a trivial loophole (Oh, I'm not tracking you through cookies, I'm tracking you through Biscuits™, totally different!) and that's one reason why a list of scenarios with clear-cut answers is not really possible. A lot of tech involves interacting with data about people, so the software industry is affected by GDPR particularly hard. That's why you'll have a lot of people on a tech industry news website who may gave to consult a lawyer about the regulation. Similarly, new traffic safety laws might have logistics companies seeking legal advice, health and safety regulations might have food companies doing the same or financial regulations might have any type of company ask a lawyer about the implications. Besides, you might not be a layperson. There's a good chance if you frequent this website that you are a professional expert in different ways to store and use data for various purposes. In that case it might be a wise idea to take the time to learn your legal responsibilities with personal data to a slightly deeper standard than most people do.