Suppose you were a small startup based in America, accepting online payments from users/advertisers using American platforms or financial institutions. Suppose you make no effort to comply with GPDR - what realistic consequences can you face? I suspect that this is the kind of thing which larger/established companies would worry about. If you're a seed/series-A startup, it seems like you have far more important thing…
If you have a customer from the EU, you must comply with GPDR. Full stop. Also, if any component of your cloud ecosystem(AWS, GCS, etc.) are based in the EU, you must comply with GPDR. Which in today's world means almost everyone is affected by this. Make sure those "American" platforms you speak have every single component of their infrastructure based physically in America. The whole thing may be difficult to enfor…
How GDPR Will Change The Way You Develop
181–190 of 710 posts
Re: How GDPR Will Change The Way You Develop
#182How are people planning on implementing GDPR at the DB level? What about DB backups?
Scalable database engines that can support the letter of the GDPR in terms of data handling don't really exist. This is not a problem that can be trivially solved by patching an existing database engine; the requirements of strict GDPR data handling violates fundamental design assumptions of common database architectures. If you look at, for example, high-assurance databases which have a similar set of requirements for data handling as GDPR, they are never used when at all possible because their performance and scalability is terrible. (These databases are conventional architectures with GDPR-like data handling controls added.)
A database engine capable of strict conformance with GDPR while maintaining vaguely comparable performance and scalability relative to what we are used to would require a comprehensive new database engine design from first principles. This is something only a small number of people are capable of designing and implementation would be a very substantial engineering effort. Possibly a business opportunity -- one of the reasons I've been thinking about it, having worked on high-assurance databases in the past.
Re: How GDPR Will Change The Way You Develop
#183Suppose you were a small startup based in America, accepting online payments from users/advertisers using American platforms or financial institutions. Suppose you make no effort to comply with GPDR - what realistic consequences can you face? I suspect that this is the kind of thing which larger/established companies would worry about. If you're a seed/series-A startup, it seems like you have far more important thing…
Explicitly banning Eurozone citizens from using the service is the easiest solution I have thought of.
Re: How GDPR Will Change The Way You Develop
#184Earlier quoted context omitted.
"You do not have a place of business in the EU, you do not transact any business there to begin with so you are free to ignore the law. " Wrong. If you have a customer from the EU or any component of your infrastructure in the EU, you must comply with GPDR.
I'm not saying he's not in scope and should not comply I'm saying he can get away with ignoring it in practice, which was what he was asking about.
Re: How GDPR Will Change The Way You Develop
#185Will the GDPR eventually make bitcoin or other immutable public distributed databases illegal in the EU? Do you have default judgements on thousands john doe node operators around the world? Will EU ISPs be required to censor any kind of blockchain node eventually when someone has a GDPR complaint for that network? Will we arrest teenagers for running ethereum miners on their gaming computers after all of this?
Will any information that enables identification of the individual (or the other ancillary information spelled out in the article and regulations) be in the blockchain? If not, doesn't sound like it. Here is one way to think of this. Any EU citizen has a "right to be forgotten". If there is nothing in your records to identify that person, the you don't need to provide that ability.
Re: How GDPR Will Change The Way You Develop
#186Suppose you were a small startup based in America, accepting online payments from users/advertisers using American platforms or financial institutions. Suppose you make no effort to comply with GPDR - what realistic consequences can you face? I suspect that this is the kind of thing which larger/established companies would worry about. If you're a seed/series-A startup, it seems like you have far more important thing…
1) When you grow sufficiently large to go global, it will suddenly start to matter a lot, as EU is one of the largest markets worldwide. In the best case scenario you'd have to change your processes and systems to comply (i.e. you'd have technical debt which you could've avoided if you did it properly in the first place); in the worst case you'd have some complaints from EU users resulting in fines that aren't enforced yet but would be as soon as you'd want to actually get money from EU. This would be a meaningful impact to your valuation at that point.
2) As the risks implied in the first part have an impact on your valuation if you succeed and go global (which is the only scenario that matters to investors, the exit valuation about which they're thinking), you'd expect this compliance to be included in the due diligence done by series B/C investors and any acquisitions; if you've made no effort to comply, this will result in a lower valuation in those rounds of funding.
If you're a high-growth startup whose valuation is not based on current revenue but on the (long) future market size and you declare that you're choosing to be incompatible with, say, 25% of the global market (to a very rough approximation, EU revenue share is something like that for many major tech companies), then investors will discount your future value (and thus current value) by 25%. So at the very least this is something that you should have on your roadmap for investors i.e. "we're planning to do that diligence and related work in quarter X after we've done A, B and C" instead of simply ignoring the issue.
Re: How GDPR Will Change The Way You Develop
#187Earlier quoted context omitted.
I'm not saying he's not in scope and should not comply I'm saying he can get away with ignoring it in practice, which was what he was asking about.
He'd be exposed to increased risk by not complying(lawsuits, criminal action, etc.). It's based on his risk tolerance, the problem is it's hard to quantify at this point.
The EU tends to go after the larger entities and tends to fine rather than arrest.
Re: How GDPR Will Change The Way You Develop
#188Earlier quoted context omitted.
No. Professionals in engineering or the trades have to know the regulations that govern their industry and abide by them. What many SVers call "innovation", other industries would call "reckless". How embarrassing for us! EDIT: In terms of regulation, we're practically chiropractors.
> No. Professionals in engineering or the trades have to know the regulations that govern their industry and abide by them. Eh, not substantially or consistently more than in software. It's possible to cherry-pick examples where engineers in other fields are more aware of relevant regulations, but overall, it's roughly comparable. I'm generally very critical of the move-fast-and-break-things mentality, but engineers…
Having been in the software industry for a while, it is often discouraging to see how both explicitly and often inadvertently move-fast-and-break-things has resulted in some pretty bad software industry wide.
Just look at the sense of most of the comments here--there seems to be a consensus of how to get around this, or how it doesn't apply to me.
Re: How GDPR Will Change The Way You Develop
#189Re: How GDPR Will Change The Way You Develop
#190Earlier quoted context omitted.
my company seems to be going on a encrypt everything spree. I am not sure how GDPR requires encryption. Can you be GDPR complaint ( in theory) with zero encryption?
Of course—if you don't store personal data (trivially). In fact, encryption (security) is mostly orthogonal to how you track and handle personal and sensitive data (privacy protection). You could encrypt everything and still be wildly GDPR non-compliant, if the encrypted information you're storing lacks clear purpose and explicit consent.