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A comment on The European Union versus the Internet. Parent comment

Re:The European Union versus the Internet by cortesoft on Tuesday September 18, 2018 @05:45PM (#18019449)
It isn't about assuming that the worst will always happen, it is just NOT assuming that the worst WON'T happen.

How is that a bad thing to do? Pretending that the worst result couldn't happen is just delusional - it is like people who don't wear seat belts or helmets, or don't buy insurance. Just because something is unlikely doesn't mean you should ignore the risk, especially when the consequences of the unlikely even are so high.

Yes, the maximum penalty is probably pretty unlikely; on the other hand, if you GOT the maximum penalty, it might be a death sentence for your company. When the stakes are that high, you can't just ignore the risk.

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Re:The European Union versus the Internet by TheCoelacanth on Tuesday September 18, 2018 @09:22PM (#18020899)
If you are always going to assume that the worst case scenario might happen, you should probably worry about the things that will actually kill you, many of which are far more likely than getting the maximum fine as a small company that is not intentionally violating the law. Something like getting killed in a car crash is much more likely and much higher stakes.
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Re:The European Union versus the Internet by Nursie on Tuesday September 18, 2018 @06:20PM (#18019751)
> it is just NOT assuming that the worst WON'T happen.

But it won't. You attempt to comply with the rules, show good faith and you won't be in danger.

It's not a real risk.

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Re:The European Union versus the Internet by cortesoft on Tuesday September 18, 2018 @07:57PM (#18020449)
You have no way of knowing if it is a real risk or not. The law is the law; all it takes is a shift in power, with a group coming into power that wants to make an example of your company, and suddenly the risk is very real.
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Re:The European Union versus the Internet by NeedMoreTea on Tuesday September 18, 2018 @08:56PM (#18020769)
Except we do. One of the EU's laws is that all EU penalties be proportionate [0]. All other laws are subject to that requirement.

So the moment some group "wants to make an example of your company", not that I have ever heard of anyone being made an example of that's remotely akin to US punitive damages awards or 999 year Texas jail sentences, you appeal to the national or EU court. The judge will be delighted to rule the regulator's (or government) actions illegal or disproportionate. It may well also trigger a judicial review.

For an alternative outcome you would require a change in representation at the EU from 27 nations, and repeal of one of the founding principles. Not as unthinkable as the US repealing the constitution, but not very far off.

[0] https://en.wikipedia.org/wiki/Proportionality_(law)#European...

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