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[return to "GDPR: Don't Panic"]
1. raquo+e2[view] [source] 2018-05-18 08:28:05
>>grabeh+(OP)
The problem of multiple ambiguities in GDPR hasn't really been addressed here.

Also, must be nice to live in a country where the regulator is as benevolent and reasonable as is described in this article.

I think it's ok for foreigners to be skeptical of this promise, as the article implies that this reasonableness is not encoded in law.

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2. gcthom+M2[view] [source] 2018-05-18 08:33:09
>>raquo+e2
The regulators have been running for two decades, and this is EXACTLY how they operate. Scepticism in this case is unreasonable, given the massive evidence base.
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3. repolf+L3[view] [source] 2018-05-18 08:44:29
>>gcthom+M2
But that's purely your own opinion.

I do have some direct experience of working with EU data protection regulators. My experience has been that they vary wildly in "reasonableness". UK ICO is pretty OK, they want companies to succeed. France's CNIL is a joke. Petty, spiteful and utterly inconsistent. I watched as a company worked closely with them to get their sign-off on a change to their terms of service and privacy policy. CNIL were happy to be involved and taken so seriously, they were satisfied with the changes and even praised them in private. After the company announced the change, some journalists saw an opportunity to make some noise and did so. CNIL then immediately changed their mind and dished out a fine, despite having previously agreed to it. What a farce.

That's at the national level. I can give many examples of cases where the EU has been anything but reasonable.

The entire argument Jaques presents here boils down to his belief that everyone working in GDPR enforcement in the EU will not only be totally predictable and reasonable today but also going forward into the indefinite future.

As pointed out in the other thread, this belief is itself unreasonable, because the nature of the GDPR means that even in the unlikely even it's true today, if in 10 years a new Commission arrives and changes their mind they can retroactively decide that things previously allowed were actually illegal. The GDPR says virtually nothing about anything so they'd certainly argue such a thing was merely a "clarification" and not a retroactive change to the law.

There are plenty of examples of governments doing this sort of thing over time, including the EU, like with Apple's tax situation. Mr Mattheij appears to just write this possibility off entirely.

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4. M2Ys4U+sr[view] [source] 2018-05-18 13:21:14
>>repolf+L3
>if in 10 years a new Commission arrives and changes their mind they can retroactively decide that things previously allowed were actually illegal.

If 1) A new European Commission arrives and proposes a change in the law that is retroactive; AND 2) The European Parliament agrees with the change; AND 3) The Council of the European Union (ministers from every EU member state); AND 4) the Court of Justice of the European Union doesn't strike the legislation down

THEN you can worry.

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