But the GDPR works like this too? The $20 million fine is not automatically applied. Here's a flow chart which details the process of a GDPR breach: https://40uu5c99f3a2ja7s7miveqgqu-wpengine.netdna-ssl.com/wp...
from https://www.i-scoop.eu/gdpr/gdpr-fines-guidelines-applicatio...
If you breach the rules, a simple reprimand without a fine is possible too.
It actually doesn’t say that. This law has the effect of small business essentially needing a 20 million insurance policy to protect against the possible whims of an overzealous regulator? It’s either insure yourself for 20 million or risk losing your entire business over potentially a trivial matter.
When people in the UK have been jailed 8 months over traffic cameras or prosecuted and jailed for speech, I wouldn’t give a European government the benefit of any doubt. Willingly inviting an unelected regulator, accountable to nothing but the letter of a badly written law created by another unelected government body — that’s just foolish.
The maximum fine is a cap, not a guideline.
That's one of the funniest statements I've read today. Or annoying, I'm not sure. Definitely meaningless.
Article 83 (including related recitals)
Work in best interest of your users and you will be compliant. I don't think that this is harder than food safety regulations.
By the way, the technology is changing fast and a strictly defined law with "do" and "don't"s would be downplayed in weeks. that's why GDPR is conceptual (and thats why everyone is pissed off, as they can't downplay it - how many sites have you seen that are giving you a fair cookie choice?)
And in food or construction if you willfully break the law then that can be criminal and you will face severe fines and/or jail. It's all about your intent.
For construction, you build your building to 'code', an inspector comes in and stamps the building and then your done. If your not code compliant, then you can correct without much penalty at all, not get a $million penalty and you don't have to go to court or get lawyers. Making your own shack in your backyard isn't an arduous process as far as code compliance goes.
Since most software is constantly modified and edited, I don't think the construction model really works. More the food safety one or a data fiduciary one.