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.
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)