Whois vs GDPR, latest news

Owen DeLong owen at delong.com
Sat May 26 17:29:42 UTC 2018


I’m not sure that’s true. I think that the notice is sufficient to indicate that I have no intention to have EU persons visiting my web site and thus should not be subject to their extraterritorial overreach.

Obviously time will tell what happens.

Owen


> On May 26, 2018, at 09:29 , JORDI PALET MARTINEZ via NANOG <nanog at nanog.org> wrote:
> 
> I don't recall right now the exact details about how they calculate the fine, which is appropriate for each case, but the 4% of turnover or 20 million Euros is just the maximum amount (per case). I'm sure there is something already documented, about that, or may be is each country DPA the one responsible to define the exact fine for each case.
> 
> For example, up to now (with the previous law, LOPD for Spain), the maximum fine was 600.000 euros, and the "starting" fine was 1.500 euros. So, depending on the number of people affected, the degree of infringement, if it is the first time or if the company has been warned or fined before, you can get a fine in the "middle" of those figures.
> 
> I'm sure it will be the same way for the GDPR.
> 
> Regards,
> Jordi
> 
> 
> 
> -----Mensaje original-----
> De: NANOG <nanog-bounces at nanog.org> en nombre de Seth Mattinen <sethm at rollernet.us>
> Fecha: sábado, 26 de mayo de 2018, 16:00
> Para: <nanog at nanog.org>
> Asunto: Re: Whois vs GDPR, latest news
> 
> 
> 
>    On 5/26/18 1:30 PM, JORDI PALET MARTINEZ via NANOG wrote:
>> I don't think, in general the DPAs need to use lawsuits.
>> 
>> If they discover (by their own, or by means of a customer claim) that a company (never mind is from the EU or outside) is not following the GDPR, they will just fine it and the corresponding government authorities are the responsible to cash the fine, even with "bank account embargos". If the company is outside the EU, but there are agreements with that country, they can proceed to that via the third country authorities.
> 
> 
>    If someone were to show up and issue me a 10 or 20 million euro fine 
>    (more in USD), I'd just laugh since I'll never see that much money at 
>    one time in my whole life.
> 
>    I'm not convinced they will limit reach to the Facebooks and Googles of 
>    the world until a lower limit is codified. I suspect that won't happen 
>    until enough small guys are fined 10-20 million euros who could never 
>    hope to repay it in a lifetime.
> 
>    ~Seth
> 
> 
> 
> 
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