Re:The GDPR Is a Cookie Monster
by kodablah on Wednesday August 29, 2018 @11:51AM
(#17869155)
Don't we have a glimpse of (lack of) enforcement based on previous incarnations of laws like this? What about this time is special? And why are laws crafted without ample enforcement mechanisms? At the least that makes them toothless, at the most it gives a piece of legislation that can be pulled out and used only when someone wants a reason to punish a company.
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The difference is that GDPR does have effective enforcement mechanisms, precisely unlike previous laws. Now let’s see if they’ll be applied.
Mechanisms in the laws or the institutions? The difference is very important and many people, who agree with the intent of the law, have been pointing out this difference for a while now. Scribbles don't make something so. If the approach of just writing it down didn't work before, why just change words instead of approaches?
Both, if I understood what you mean: The GDPR regulation ((EU) 2016/679) contains provisions for legal enforcement, and describes which process and agencies are responsible for that.
Whether this actually works, only time can tell. But the fact that similar previous legislations went unenforced was a specific concern that the designers of the GDPR intended to address.