Re:Unroll.me to close to EU users saying it can’t comply wit...
by downandout on Sunday May 06, 2018 @03:49AM
(#17005621)
No, Germany could not issue such a fine for a minor single violation
Yes, they could, as is clearly stated within the text of the GDPR. Regardless, most websites outside the EU aren't going to want to put up with the headache, and will block EU traffic. Who wants the risk?
Re:Unroll.me to close to EU users saying it can’t comply wit...
by germanier on Sunday May 06, 2018 @07:51AM
(#17006081)
The text of the GDPR is not the whole body of law. It exists within an old and large legal framework. You can't take just the GDPR and ignore all context around it. And yes, it's much different that what people from other legal traditions are used to. If you don't want to learn about our laws that regulate enforcement of the GDPR – fine. But in that case please stop spreading unwarranted FUD.
For example, "due regard shall be given to" has a very specific meaning with decades of precedent and does not mean whatever pops into a layman's head when reading the text.
Anyway, "proportionate" isn't as ill-defined as you claim. It's a term of art used in many laws and we (and the courts) know pretty well what the legislator meant with it. Heck, they even list some criteria. If those aren't fulfilled a maximum fine isn't possible. Also, "proportionate" implies that a more severe violation must have a higher fine meaning the maximum can hardly ever be reached.
A law isn't code and shouldn't be read as such.