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by sdhgaiojfsa
2952 days ago
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I've heard this line a lot, but even as a government loving liberal it doesn't sound very compelling to me. The law says, comply or face fines up to 4% of global revenue. It doesn't say, "make a best effort to comply, or face fines up to 4% of global revenue." I'm very reluctant to trust people who can fine me for that much money that they won't do so. This is especially the case because it appears to some of us foreigners that the EU particularly loves to fine foreign companies for large amounts despite what appears, from our perspective, to be a good faith attempt that to comply with the law. |
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>2When deciding whether to impose an administrative fine and deciding on the amount of the administrative fine in each individual case due regard shall be given to the following:
> any action taken by the controller or processor to mitigate the damage suffered by data subjects;
>the degree of cooperation with the supervisory authority, in order to remedy the infringement and mitigate the possible adverse effects of the infringement;
>the manner in which the infringement became known to the supervisory authority, in particular whether, and if so to what extent, the controller or processor notified the infringement;
>where measures referred to in Article 58(2) have previously been ordered against the controller or processor concerned with regard to the same subject-matter, compliance with those measures;
>any other aggravating or mitigating factor applicable to the circumstances of the case, such as financial benefits gained, or losses avoided, directly or indirectly, from the infringement.
So, a whole bunch of very explicit things that are to be used when deciding if whether to impose a fine (at all).