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A comment on ‘Everyone is breaking the law right now’: GDPR compliance is falling short. Parent comment

Re:‘Everyone is breaking the law right now’: GDPR compliance... by derefr on Thursday June 28, 2018 @02:33PM (#17419335)
> Complying with the spirit of a law doesn't mean complying with the statue of it. With GDPR, it's the latter that's a pain in the ass.

I've never understood why people try to comply with the text of a new law that doesn't have case-law under it yet, rather than the spirit.

Surely, the first time anyone gets sued for noncompliance of the text of GDPR, when they are compliant with the spirit under which GDPR was issued, case-law will be created that "bends" the interpretation of the text more toward the spirit?

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Re:‘Everyone is breaking the law right now’: GDPR compliance... by JumpCrisscross on Thursday June 28, 2018 @02:38PM (#17419362)
> I've never understood why people try to comply with the text of a new law that doesn't have case-law under it yet

Continental Europe uses civil law [1]. Case law is less relevant than it is in the U.K. or United States.

More broadly, people try to "comply with the text of a new law" to avoid becoming the precedent. (Even if you prevail, it's distracting and expensive.)

> Surely, the first time anyone gets sued for noncompliance of the text of GDPR, when they are compliant with the spirit under which GDPR was issued, case-law will be created that "bends" the interpretation of the text more toward the spirit?

Surely? Based on what? For anyone with material revenue, that basis will be legal advice.

[1] https://en.wikipedia.org/wiki/Civil_law_(legal_system)

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Re:‘Everyone is breaking the law right now’: GDPR compliance... by sfifs on Thursday June 28, 2018 @08:57PM (#17421676)
To avoid becoming the precedent should prosecutors choose to make an example of them.
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Re:‘Everyone is breaking the law right now’: GDPR compliance... by Mirioron on Thursday June 28, 2018 @08:26PM (#17421534)
Because SMEs can't afford a legal case.
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