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0 pointsPropelloni1y ago0 comments

It's built in. EU laws usually have a fining mechanism that says X % of {global/EU/regional} sales or a fixed sum, whichever is higher.

For example the GDPR says in Art. 83(5) [1]:

> 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 [...]

(An "undertaking" in EU law speak refers to any entity that is engaged in economic activity, regardless of its legal status or the way in which it is financed.)

EDIT: formatting

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weird-eye-issue1y ago

Yes, exactly. So those "huge fines" won't really scare a normal company since it would not apply to them

PropelloniOP1y ago

Can you explain what you mean? I get the sense of sarcasm, but I'm not sure. 4 % of annual turnover [1] or 20 Mio, whatever is higher, appears substantial to me. If Alphabet would have been fined once in 2024 it would have to pay 4 % of its annual turnover of the year 2023, 307 billion US$, which amounts to ca. 12.3 billion US$. Or do you think 4 % is not enough?

Recital 37 [2] of the GDPR gives a definition of what an undertaking means in the context of the GDPR.

[1] https://www.munich-business-school.de/en/l/business-studies-...

[2] https://gdpr-info.eu/recitals/no-37/

tuhriel1y ago

not the one who asked the questions, but I actually think 4% are not enough.

If Google or Meta makes 10% of their earnings with that shit and they have to pay max 4% they still have a 6% margin over - not doing it.

IMHO there should be a 4% fine additionally to paying back all the illegally generated earnings. Also, more executives should go to jail for it - And that's the C-Level Executives, because it's them which are accountable.

Problem with those things: usually it still hits the little ones harder than the big players...

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