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by pavlov 2670 days ago
GDPR specifies fines up to 4% of annual global turnover or 20 million euros, whichever is greater. That seems like plenty enough bite, if it were enforced.
1 comments

Why does an unprofitable 1person tiny business get a bankrupting (identical) fine as a profitable 1000 employee firm with $500m in turnover?
It doesn't. Those numbers are upper limits. Just like with traffic tickets and other fines, the actual amount is left to judgement.
If this were true then why have upper limits at all? The only reason I can think of is to protect large corporations.
> If this were true then why have upper limits at all?

Because while the rulemaker believes that there is a range of potentially reasonable judgments based on particular circumstances, they do not believe that range is unbounded.

> The only reason I can think of is to protect large corporations.

The fixed minimum upper limit of $20 million is actually probably to prevent (or limit the effect of) large corporations using smaller subsidiaries and fancy accounting for GDPR-risky activities, rather than the upper limit protecting large corps.

For two reasons:

1. To prevent cruel and unusual punishment.

2. To set expectations about the seriousness of the infraction in the eyes of the law.

I am not a lawyer or a legal scholar, so I'm sure there are more reasons.

“up to” and “equal to” are not the same.

When a store says “Everything up to 50% off”, that doesn't mean everything is half price.

>up to

I think that is the catch?