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0 pointsp49k7y ago0 comments

> A multimillion-dollar fine without warning for a first, minor violation is perfectly lawful under GDPR

Come on, this is just scaremongering. Newsflash: If you run a business, you are already responsible for adhering to hundreds of other laws in which the fines could reach millions. But you don't see people running around screaming that the world is ending, because they know that the laws will generally be applied fairly, given that a large economy (like that of the EU) relies on just application of laws to maintain stability.

Running a business, like anything else in life, requires the ability to make reasoned choices from somewhat ambiguous data. And the data here is somewhat ambiguous for good reason - it's to prevent businesses from exploiting loopholes and rendering the law ineffective. If you are going to crank the anxiety to 10 every time a situation like this occurs, you probably shouldn't be running a business or handling others' data in the first place.

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frereubu7y ago

I have a feeling there are a significant number of people who are young enough to have only worked in digital media, and who aren't used to the idea that businesses are regulated. It's been such a free-for-all until now that they're not used to the idea that there might be externally-imposed limitations on what they can do. I don't mean that in a dismissive way - nobody willingly reads complex legislation in industries that they're not involved in - but it would explain some of the more naive complaints.

dwild7y ago

> you are already responsible for adhering to hundreds of other laws in which the fines could reach millions.

Source please?

> If you are going to crank the anxiety to 10 every time a situation like this occurs, you probably shouldn't be running a business or handling others' data in the first place.

I'm not running one right now. It's not the situation that give me anxiety, it's just that it no longer seems interesting to support European customer for a potential business if that imply that I risk that much over their information. They just removed a big bunch of potential customer for a potential company. I would already try my best to limit the amount of PII but there's many time you just can't.

I'm from Quebec. Here we have laws over lottery. You know what it imply? If you make a lottery here in Quebec, you need to follow some simple regulations (I personally know people that did it essentially for fun (not for profit)) so they are pretty easy to follow, and pay the taxes for the winner. You know what I had to endure each time I went on an online contest, a broad exclusion because it was just not worth it to follow theses regulations. It's crazy the number of contest where you could literally do CTRL+F "Quebec" in the rule and find our little province (nowadays I see more of "where law forbid it" or stuff like that, but I haven't try to participate for a long time on a contest either).

Do theses companies had too much anxiety for our regulation? None at all, they were some multi billions companies that did this. It was just not worth it.

tempVariable7y ago

Canadian here. You are making assumption about decisions you don't know about,- like "Do theses companies had too much anxiety for our regulation? None at all, they were some multi billions companies that did this. It was just not worth it."

That is a sweeping generalization and if you dilute and guess what the most probable reason for excluding Quebec was,- it's probably for the best. It was a shady contest to begin with.

The Canadian sweepstakes law and corresponding province laws are not that hard and costly to comply with as well. Look at the countless valid and non-scam contests present and available to our citizens. You, I and rest of us should be glad that rules like these exist since a there are people companies out there willing to part you with your hard earned money.

As an example, you just need to store my skill testing answer and if I get awarded a price, reset a flag that I need to fill out a new answer. In Quebec, you need to give monetary guarantees to make sure you pay out and give contest rules out to the bureau ahead of time. That is not a tall task. It's for the better if those shady contests did not want to participate

apple4ever7y ago

“Not that hard and costly to comply with”

That’s what you think. But its still a risk, because its different. It’s still easier and cheaper short term and long term just to skip the oddballs.

It’s why you see so many online contests in the US that only apply here. Not because they want to avoid it, but because its easier and cheaper not to comply with other laws.

buzer7y ago

> > you are already responsible for adhering to hundreds of other laws in which the fines could reach millions.

> Source please?

Tax laws come to mind for one.

alerighi7y ago

Which other violation could cost me a 20 million dollar fine ?

Sure, they will probably don't give that fines, but they could, what if I run a small business that interferes with the activity of some other business run by for example someone that is friend or can corrupt the people in charge of doing the fines ? They will fine me for 20 million dollars, sure I can appeal, a normal trial in my country lasts at least 5 years, in this time I will probably go out of business...

The fact that they could it's a big problem, they should have specified a proportion between the size of your company and the maximum allowed fine.

p49kOP7y ago

In order for prevent the law from becoming feckless, there had to be an element of discretion on the part of the enforcers. It’s there to cut the bullshit of companies who use blatant trickery/loopholes to make themselves seem like a smaller company in order to reduce their potential fines.

But as I already said, the stability of the EU’s economy depends on fair application of the law. If the EU levies a 20 million Euro fine on a company with 20 million/year in revenue, the chilling effects of that action would cause much more than 20 million in damage to the EU economy. That should be blatantly obvious. Despite propaganda to the contrary, the EU has a very good record of behaving as a reasonable government entity, moreso than most. They’ve championed quite a few consumer-friendly pieces of legislation that have managed to not destroy the applicable sectors.

If you think this is a valid concern, I can only assume you’re just as worried about other outcomes that have insane, struck-by-lightning levels of unlikelihood, in which case you are not going to have the spare cycles to be able to successfully run a business anyway.

slrz7y ago

> Which other violation could cost me a 20 million dollar fine ?

Tax code violations, for sure. Environmental regulations may also carry huge maximal fines. Some misdeeds can even lead to criminal prosecution and land you in jail (but generally, they won't, except for the worst of transgressions).

Note that the GDPR requires fines to be proportional to the offence. If you really worry about some regulator fining you for 20M euros just because they're having a bad day, you do have legal recourse available.

taysic7y ago

This law may be not a big deal and not heavily regulated and not impact US small businesses at all - but many don't want to be the first to find out. After the dust has settled for a few years, then I'll make a conclusion if it has been applied fairly.

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