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test525

Re:No one’s ready for GDPR on Wednesday May 23, 2018 @04:29PM (#17137944)

    Infringements of the following provisions shall, in accordance with paragraph 2, be subject to administrative fines >up to 20 000 000 EUR, or in the case of an undertaking, up to 4 % of the total worldwide annual turnover of the preceding financial year, whichever is higher:
        the basic principles for processing, including conditions for consent, pursuant to Articles 5, 6, 7 and 9;
Re:No one’s ready for GDPR on Wednesday May 23, 2018 @03:08PM (#17137138)
>Stop spreading FUD please. 1: fines are up to (4%? thought it was 2%) depending on the offense (i dont think even Cambridge analytica would qualify to max fine, even if they were a persistant offender).

I have to laugh since you are telling me to stop spreading FUD and you can't even cite off the top of your head if the fine is 4% or 2%.

The fine is 4% of worldwide revenue or $20million (whichever is larger).

>(i dont think even Cambridge analytica would qualify to max fine, even if they were a persistant offender).

Can you cite the section of the law that makes you so confident in making this assertion?

All the people telling me to stop worrying don't seem to have any ground to stand on. I've read so many feel good assertions about how "this is not how EU law works" and I can't trust any of them since none of the assertions people are stating so confidently are written into the actual law.

All I know is what is possible. If I am violating GDPR in any way I could be fined $20 million dollars and frankly I don't want to be one of the legal pioneers to find out how each of the 28 member states of the EU will interpret how to apply this law.

Re:No one’s ready for GDPR on Wednesday May 23, 2018 @03:08PM (#17137136)
> The GDPR explicitly states that penalties must be proportionate

Proportionate to what? The max fine is 4% or revenue or $20 million dollars, whichever is larger.

So is it proportionate to the $20 million dollar fine? If my infraction was small they can just fine me a small proportionate fine of 1% of the maximum.

Why couldn't the EU bureaucrats have stated in clear terms what infractions would receive what fines? Why couldn't they have released a sentencing guideline? And there will be 28 countries applying this law and setting fines in a thousand different ways.

> They are not a revenue-generating scheme or a Kafkaesque bureaucracy.

This law is absolutely kafkaesque and you can't point to any written case law or section of the law that can concretely dispel my doubts since it does not exist. All you and other posters can do is state that I'm spreading FUD and give me feel good assertions about how I can trust in the benevolent EU bureaucracy and that I should have faith in the system. Can you not understand why I can't take that seriously when millions of dollars and my entire way of life are at stake?

Re:No one’s ready for GDPR on Wednesday May 23, 2018 @02:30PM (#17136689)
You really don't think it's possible that one of the 28 member nations of the EU will pass down an absurdly large fine for some minor infraction? This happens all the time...

The fact is, if I am not GDPR compliant in any way there is no mechanism built into the law to limit the amount I am fined and some judge that is in a bad mood or hates the idea of my business can simply fine me 20 million to kill my business and still be abiding by the letter of the law.

Re:No one’s ready for GDPR on Wednesday May 23, 2018 @02:22PM (#17136617)
You just become persona non-grata in the entire continent of Europe.
Re:No one’s ready for GDPR on Wednesday May 23, 2018 @02:19PM (#17136583)
>the 4% is the maximun fine allowed.. its not a minimum..

I think it's always safe to assume the worst from bureaucrats. Especially when no sentencing guidelines exist.

Re:No one’s ready for GDPR on Wednesday May 23, 2018 @01:58PM (#17136386)
Given that protectionism is stupid and protectionists genuinely believe that they are doing something good for their nation when they implement protectionist policies I can use Hanlon's razor and assume both.
Re:No one’s ready for GDPR on Wednesday May 23, 2018 @01:51PM (#17136308)
> European companies don't appear to be having this problem

Did you miss the articles of EU based small projects shutting down operations? Also, do small web based tech companies even exist in Europe? When I look all I see are medium to large 90s era b2b tech companies.

Re:No one’s ready for GDPR on Wednesday May 23, 2018 @01:49PM (#17136282)
>If your guestbook is physical and substantial, this may be limiting without additional systems, but GDPR also is rather vague in the pushback you're allowed to give if you're completing the export with best intentions, so this will likely not be settled until precedent occurs;

And then you are fined 4% of revenue when you are the scapegoat setting a precedent for a vaguely defined law...

>The reason it's more expensive to own a car is because you also own the asset. And sure, cars depreciate ridiculously fast and are horrible stores of value, but your solution is mostly saving money by offloading some risk to another party.

This is not why there are savings. You are not offloading the risk of owning a car by using uber, you are allowing cars to be used more efficiently. Cars are expensive because they sit unused 95% of the time. The marginal cost of each ride is extremely high. By having one car and one driver do 100x the rides the marginal cost of each ride decreases substantially.