Re: Whois vs GDPR, latest news

[JORDI PALET MARTINEZ via NANOG <nanog () nanog org>]

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 () nanog org> en nombre de Seth Mattinen <sethm () rollernet us>
Fecha: sábado, 26 de mayo de 2018, 16:00
Para: <nanog () 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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