Re:New EU data blockage as German court would ban many cooki...
by jacquesm on Monday December 20, 2021 @08:56AM
(#29624950)
These laws are new enough, and clear enough that flouting them routinely isn't going to go down well in court and 'your honor, we've been doing this for years' might get you some extra sanctions. The best way to deal with it is to simply become compliant, it isn't all that hard, 100's of thousands of businesses have adapted and the remainder really has no excuse other than that they are trying to extend their bottom line as long as the legal fees and fines do not exceed their income. The sooner that changes, the better.
I always thought this. I was recently introduced to the concept of “practice prevails” whereby if you’ve been routinely flouting a rule, and that rule has never been enforced that you can claim the rule is obsolete. I think it’s mainly confined to contract law but it does help to explain the standpoint of those who oppose such retrospective regulatory measures.