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[return to "GDPR: Don't Panic"]
1. frereu+N2[view] [source] 2018-05-18 08:33:10
>>grabeh+(OP)
For those of you understandably intimidated by the GDPR regulations themselves, here's a good summary in plain English: https://blog.varonis.com/gdpr-requirements-list-in-plain-eng...

The UK's ICO also has a good structured summary: https://ico.org.uk/for-organisations/guide-to-the-general-da...

In general I agree with the sentiments in this article. I've probably spent a total of three to four days reading around the GDPR and I don't really see what's special about this law other than it's imposing decent standards on what was in effect a wildly unregulated industry in people's personal data. If you have a broad distrust of any government activity then I suppose any new laws with "fines up to €X" might feel like "I run a small site on a Digital Ocean droplet and I'm at risk of a €2m fine out of the blue." But that doesn't make it true.

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2. downan+Fc[view] [source] 2018-05-18 10:30:12
>>frereu+N2
There is nothing - and I do mean nothing - written into the GDPR that requires any warnings of any kind, or places any limits on fines, except for $10/$20 million or 4% of revenue, whichever is greater. Period. A multimillion-dollar fine without warning for a first, minor violation is perfectly lawful under GDPR. The idea that "yes it says that but we can trust EU regulators to not assess large fines against foreign companies, even though they would benefit handsomely from them" rings hollow to me.
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3. meredy+3h[view] [source] 2018-05-18 11:31:21
>>downan+Fc
I think you and everyone making similar points in this thread are getting tripped up by the difference between rules-based regulation and principles-based regulation. This is unsurprising, given that the US is so heavily rules-based, but the EU (certainly the UK) has a long history of principles-based regulation.

In rules-based regulation, all the rules are spelled out in advance, and the regulator is basically an automaton once the rules are set. In principles-based regulation, the rules are extensive rather than complete and you expect the regulator to have some lattitude (and, if the system is well designed, a mechanism of recourse if they do something stupid).

An advocate of rules-based regulation would say this can make regulators unpredictable and capricious. An advocate of principles-based regulation would say it is an important safeguard against "rules-lawyering" and regulatory capture (especially the kind that ties new entrants up in check-box compliance that doesn't actually affect your business because all the rules have been worked around).

A classic example would be the time PayPal tried to tell the UK regulators they shouldn't be regulated like a financial institution (which is a claim they successfully made in the US). They pointed to chapter and verse of the relevant law, and said that according to subparagraph 2.b.c(iii)... and the relevant regulator essentially told them "shut up, you keep consumers' money for them and will be treated accordingly". As a result, the worst "PayPal took all my money and I can't get it back" stories generally do not come from the UK. (And when they do, they are accompanied by referrals to the Financial Conduct Authority, who have teeth.)

You can approve of this way of working or not, but the GDPR is a principles-based regulation, and you'll have to engage with it on those terms.

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4. Americ+Vj[view] [source] 2018-05-18 12:05:06
>>meredy+3h
>and you'll have to engage with it on those terms

Or you can just disengage with Europe all together, which is an obvious choice for many small to medium sized companies, given the risks and costs involved.

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5. phyzom+cm[view] [source] 2018-05-18 12:31:12
>>Americ+Vj
Good lord, it's like you didn't read the article.

Or, you're fine with a competitor who isn't afraid of entirely reasonable international laws coming in and eating your lunch.

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6. Americ+Sn[view] [source] 2018-05-18 12:44:30
>>phyzom+cm
We ran the numbers on how much it would cost to establish compliance, and with that alone it was barley worth it based on the current EU customer base we have.

We also considered all the additional liability we’d be taking on, and with that alone it was barely worth it based on the current EU customer base we have.

We’d also be very happy if one of our competitors started investing in the EU market. It’s worth about 10 times less than the US market in our industry, so having them chasing peanuts in Europe (and investing in compliance with European - absolutely not international - regulations) would be a truely fantastic outcome for us.

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7. gcthom+mv[view] [source] 2018-05-18 13:54:00
>>Americ+Sn
>(and investing in compliance with European - absolutely not international - regulations)

Did you think about this before typing?

Clue: how many countries does an EU-wide law directly apply to? One? Or many?

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8. hartat+aA[view] [source] 2018-05-18 14:29:12
>>gcthom+mv
You are playing on semantics, anyway EU regulations apply to no country as it’s enforced by each member of the union, not by EU itself.
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9. gcthom+WA[view] [source] 2018-05-18 14:35:26
>>hartat+aA
The GDPR regulation directly applies in all member states, and does not need individual states to do anything at all to enact it. If national courts decline to enforce it then it can escalate to the Eu courts.

It is also international in that it applies to EU citizen date no matter which country it is held or processed in.

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10. hartat+4C[view] [source] 2018-05-18 14:44:05
>>gcthom+WA
That’s not true. It’s implemented by each data regulation agencies in each country. The CNIL in France for example. There is no EU GDPR agency.
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11. gcthom+fT[view] [source] 2018-05-18 16:49:09
>>hartat+4C
It is true — you need to read the actual GDPR rather than online summaries.

The GDPR creates some new criminal offences that can be prosecuted through courts without the regulatory authorities being involved in Clauses 162 & 163.

Article 82 allows individuals to sue in court for compensation if breaches of GDPR rules cause harm.

The regulatory activities are on top of this.

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