Re:GDPR for lazy people: Block all European users with Cloud...
by tialaramex on Friday May 25, 2018 @07:33PM
(#17159037)
I agree with you up to a point. Diligence is going to come into this as it does with Bribery where again laws in one place target crime everywhere. How diligent were Hats in picking WSP to deliver email? You don't have to have done a rectal exam of every employee, but if it was obvious to half the world what was going to happen, a prosector might be able to get a jury to conclude Hats should have known too.
Re:GDPR for lazy people: Block all European users with Cloud...
by matwood on Friday May 25, 2018 @08:03PM
(#17159199)
Sure, but the original comment alludes that the emailer is a best in class in the industry, and not some Nigerian fly by night company. Obviously there is still some due diligence to do, but I wanted to spell out what was being implied so that the unlikliness was also shown.
TBH, email is a bad example anyway because good providers are already pretty quick to boot bad actors so they don’t end up on blacklists.
Just so it's clear, you're positing that when WeSpamPeople breaks every existing contract they have, that those on the other side of said contracts are now liable?
Of course it could happen, but I don't see the EU fining those on the other side of the contract as long as they moved to another DP and alerted their users when the breach of contract was discovered. Both actions should happen regardless of GDPR.