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How GDPR Will Change The Way You Develop

smashingmagazine.com

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Re: How GDPR Will Change The Way You Develop

#231

Post by slededit »

wglb wrote: post #188
chimeracoder wrote: post #103

Earlier quoted context omitted.

> 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…

American engineer building a bridge or tunnel in EU is certainly going to know EU regulations. An EE designing circuits for EU needs to know about lead-free solder requirements. On the other side, Mies van der Rohe needed to work with a US-certified architect to build the Seagrams. Having been in the software industry for a while, it is often discouraging to see how both explicitly and often inadvertently move-fast-a…

EEs everywhere know about ROHS simply because it makes no sense to have seperate designs for Europe and everywhere else. Also lead free solder really isn't that bad...

Re: How GDPR Will Change The Way You Develop

#232

Post by sanderjd »

mfoy_ wrote: post #44

>GDPR will require developers to know the legal and policy landscape of their profession. (This has been the norm for other fields for centuries: how embarrassing for us.) Favourite takeaway.

Sure, and it is one of the main reasons those professions require licensure. It seems to me that most people in the industry would like to avoid that for software development. Speaking purely for myself, I would welcome it. But it would be a large and disruptive change that we may not be ready for.

Re: How GDPR Will Change The Way You Develop

#233

Post by DavidHm »

sbov wrote: post #177
mfoy_ wrote: post #81

Earlier 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.

The comparison is disingenuous. The internet makes anything you build automatically global. You're blasting software engineers for not knowing worldwide regulations. How many New York lawyers know the regulations of France? How many local UK construction companies know the building codes of Japan? None. Knowing all regulations in the world for any given industry would be a full time job. The people you seem to be imp…

The comparison doesn't hold up when developers create solutions that in breach with the regulation of the city and country they live in.

Re: How GDPR Will Change The Way You Develop

#234

Post by mamon »

sbov wrote: post #177
mfoy_ wrote: post #81

Earlier 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.

The comparison is disingenuous. The internet makes anything you build automatically global. You're blasting software engineers for not knowing worldwide regulations. How many New York lawyers know the regulations of France? How many local UK construction companies know the building codes of Japan? None. Knowing all regulations in the world for any given industry would be a full time job. The people you seem to be imp…

So, the GDPR is doing you a favour by forcing you to think in advance "who will my users be?". So far web applications were "accidentally" global, now you have to be more careful and deliberate. Which is a good thing.

Re: How GDPR Will Change The Way You Develop

#235

Post by rrix2 »

agar wrote: post #206

While this article is interesting, I strongly encourage anyone - from CEOs, to managers, to individual developers - to actually read the text of the GDPR. This is not written in unintelligible legal-ese. It is very approachable, understandable by a layman, and organized such that relevant Articles are easy to find. It might take an hour or two, yet may have a fundamental impact on how you approach your job for the fo…

The documents published by the Article 29 working party[1] are also very useful and digestable: http://ec.europa.eu/newsroom/just/item-detail.cfm?item_id=50...

[1]: https://en.wikipedia.org/wiki/Article_29_Data_Protection_Wor... WP29 is "an advisory body made up of a representative from the data protection authority of each EU Member State, the European Data Protection Supervisor and the European Commission."

Re: How GDPR Will Change The Way You Develop

#236

Post by politician »

wglb wrote: post #178
estel wrote: post #157

Earlier quoted context omitted.

If your company is not targeting the EU as a market you are out of scope of GDPR. If you explicitly accept Sterling/Euros, provide localisations for EU countries, talk explicitly about your EU shipping options etc. then you would probably be seen as accommodating the EU market and might find yourself in scope.

Consider the case of an EU citizen traveling in the US transaction in USD. This person is covered. Even if they are in the US.

Technically true, but what does the enforcement action actually look like against the small town ice cream shop that doesn't know or care about the rights under the GDPR of a tourist from Spain?

Re: How GDPR Will Change The Way You Develop

#237

Post by drraid0 »

Xylakant wrote: post #216
drraid0 wrote: post #209

It seems that since the gpdr requires deletion of data upon user request, companies will not be able to send recall notices when, say, a medical device starts killing customers.

The GDPR does not require deletion of all user data on request. There’s still data that can and must be preserved, for example business records, thus records of sale. A recall should be possible with those records. The customer might request that these records cannot be used for unrelated purposes, though.

What if the user requests to be put on a do-not-send list (for email newsletters, etc)? Is that data that can and must be preserved?

Re: How GDPR Will Change The Way You Develop

#238

Post by politician »

aeorgnoieang wrote: post #58

What's troubling to me is that it's very unclear what specifically is required. I know the linked post isn't legal advice, but in the page about 'privacy by design' linked to by the origin link, they list "Minimize the amount of collected data" as as an item (supposedly to be achieved to be in compliance with the law). What's the minimum amount of data? Who decides that? Is it dependent on context? I'd hope so! Can a…

The GDPR is a series of rights given to people, and not a list of requirements given to business. That's the difference.

Re: How GDPR Will Change The Way You Develop

#239

Post by Radim »

jacquesm wrote: post #227
Radim wrote: post #153

Earlier quoted context omitted.

> What's the minimum amount of data? Who decides that? Is it dependent on context? I'd hope so! Elizabeth Denham, UK's information commissioner in charge of data protection enforcement, had this to say: "Having larger fines is useful but I think fundamentally what I'm saying is it's scaremongering to suggest that we're going to be making early examples of organisations that breach the law or that fining a top whack i…

> A practical trouble is that once a company reaches a certain size, they no longer even know what data they have, never mind why. That's a very good reason to do a little inventory then. Not knowing what data you have is a real problem in my book.

Indeed, and not only yours. The same issue crops up in B2B due diligence and risk management, irrespective of GDPR.

The automated inventory analysis tools, like ours and others, are only just becoming useful thanks to ML. The previous generation was mostly regex-based and mired by constant false alarms.

Re: How GDPR Will Change The Way You Develop

#240

Post by the_mitsuhiko »

woolvalley wrote: post #226
the_mitsuhiko wrote: post #215

Earlier quoted context omitted.

> Imagine the EU made a law requiring every country in the world follow their building codes whenever an EU citizen enters one of their buildings You are reaching. I give you a better example: it does not matter where a building part is being produced, if it ends up in a building in Europe it needs to be up to the local building codes and to the regulations of the single market.

You think I am reaching, but the GDPR does act this way. Lets say your visiting the USA as an EU citizen and you get a pizza delivery from a local small pizza shop. They put your name and delivery address in their computer in an MS Access database that makes stickers, emails the delivery guy's gmail account and a person delivers a pizza to you. They have no idea your an EU citizen and they just put enough information…

> Lets say your visiting the USA as an EU citizen and you get a pizza delivery from a local small pizza shop

If that pizza store has no relation to the EU then there is no legal ground by which the GDPR could become relevant. There is no treaty which would establish some sory of leverage here.

//EDIT: which btw is unlike FATCA for which there actually are bilateral agreements.

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