4 ms·

In this case the fine was annulled because the procedure wasn’t followed correctly by the public defenders. I can assure you that if the procedure is followed

by jaoane 1y ago

In this case the fine was annulled because the procedure wasn’t followed correctly by the public defenders. I can assure you that if the procedure is followed the way it should be you will be fined for any kind of violation of the GDPR no matter how small you are. I don’t know where you are getting from this “you can violate the law for free the first time”. I know HN likes to defend the EU any way it can (not because they love the EU but because they hate the US because they dared to choose a leader they don’t like), but this is absolute bs.

mschuster91 1y ago
> I can assure you that if the procedure is followed the way it should be you will be fined for any kind of violation of the GDPR no matter how small you are. That depends! If it is an innocent violation or the offender is a small business, no court will hand down the top end of the fines. Only if you are someone like, say, Facebook and intentionally piss off the EU, then you will be in the deeper end of the trouble. > I know HN likes to defend the EU any way it can (not because they love the EU but because they hate the US because they dared to choose a leader they don’t like), but this is absolute bs. European HNers tend to defend the EU not because of their current leadership, we already did this during the Biden and Obama terms. We defend Europe because we believe that a lot of what the US does (both its relevant economic players and its politicians) is utterly counterproductive, if not outright harmful.
- jaoane 1y ago
  > That depends! If it is an innocent violation or the offender is a small business, no court will hand down the top end of the fines. So you admit you will be fined? Good we’re on the same page.
  - troupo 1y ago
    No you won't. You will be asked to fix the violation first. If it goes to court, then you're likely to be fined.
    - jaoane 1y ago
      Which is moving the goalposts. Of course if you don’t get sued you don’t get fined. But there’s no “first strike is free” principle in EU law, that is bs.
      - mschuster91 1y ago
        That's the entire point. Our regulatory authorities don't immediately go to the courts. They will ask you to clean up shop first, unless it's obvious you're an intentional violator or your violation was based on extremely gross negligence.
        jaoane 1y ago
        Which is not what’s happened here. This went to court but the sentence was annulled because the prosecutors messed up.
        mschuster91 1y ago
        We are dealing with the IAB and tracking for a looong time now. The first warning shots followed the implementation of GDPR, the behavior of the ad industry at this stage is assumed to be intentional abuse. Hence, it's time for hard sanctions, even though procedurial issues made for this fine-less ruling now. Expect more fines to roll out if the ad industry doesn't get it now that playtime is over.

by jaoane 1y ago

mschuster91 1y ago

> I can assure you that if the procedure is followed the way it should be you will be fined for any kind of violation of the GDPR no matter how small you are. That depends! If it is an innocent violation or the offender is a small business, no court will hand down the top end of the fines. Only if you are someone like, say, Facebook and intentionally piss off the EU, then you will be in the deeper end of the trouble. > I know HN likes to defend the EU any way it can (not because they love the EU but because they hate the US because they dared to choose a leader they don’t like), but this is absolute bs. European HNers tend to defend the EU not because of their current leadership, we already did this during the Biden and Obama terms. We defend Europe because we believe that a lot of what the US does (both its relevant economic players and its politicians) is utterly counterproductive, if not outright harmful.

jaoane 1y ago
> That depends! If it is an innocent violation or the offender is a small business, no court will hand down the top end of the fines. So you admit you will be fined? Good we’re on the same page.
- troupo 1y ago
  No you won't. You will be asked to fix the violation first. If it goes to court, then you're likely to be fined.
  - jaoane 1y ago
    Which is moving the goalposts. Of course if you don’t get sued you don’t get fined. But there’s no “first strike is free” principle in EU law, that is bs.
    - mschuster91 1y ago
      That's the entire point. Our regulatory authorities don't immediately go to the courts. They will ask you to clean up shop first, unless it's obvious you're an intentional violator or your violation was based on extremely gross negligence.
      - jaoane 1y ago
        Which is not what’s happened here. This went to court but the sentence was annulled because the prosecutors messed up.
        mschuster91 1y ago
        We are dealing with the IAB and tracking for a looong time now. The first warning shots followed the implementation of GDPR, the behavior of the ad industry at this stage is assumed to be intentional abuse. Hence, it's time for hard sanctions, even though procedurial issues made for this fine-less ruling now. Expect more fines to roll out if the ad industry doesn't get it now that playtime is over.