As always EU regulations are efficiently point out why Europe will always be an inferior place to do business compared to America. I guess at least Brexit is making more sense now.
How GDPR Will Change The Way You Develop
491–500 of 710 posts
Re: How GDPR Will Change The Way You Develop
#492Earlier quoted context omitted.
Nobody believes the legislators have ill intent. Then they find themselves ruined but waking up then is hard too.
What this law means is that I'll never do any business, even freelance, without being shielded by an LLC.
Plenty of (more-) compelling reasons for the aegis of an LLC or (in many cases, better tax-advantaged) S-Corp.
Re: How GDPR Will Change The Way You Develop
#493Earlier quoted context omitted.
It says it applies to the “...processing of personal data of data subjects who are in the Union…”. If someone in the EU (say a visitor) asks to have their data removed that was collected while they were outside the EU, then the controller or processor is supposed to comply. How is any business supposed to know if a user while they were in the USA of a service located in the USA will not later travel to the EU and mak…
You're leaving off the end of the sentence. Data collected about someone outside of the EU is not covered by GDPR even if they later enter the EU. > where the processing activities are related to: the offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the Union; or the monitoring of their behaviour as far as their behaviour takes place within the…
There is an “or” not an “and” between these two clauses. It applies if you offer any goods or service, OR monitor behaviour inside the EU.
It is interesting that the monitoring clause only applied if the subject is inside the EU when the monitoring is done, while the service or goods clause applies if the person is inside the EU with no requirement that the service or good was acquire or used within the EU. I can’t really think of any logical reason for this distinction. The “takes place within the Union” for one and not the other is strange.
Re: How GDPR Will Change The Way You Develop
#494Earlier quoted context omitted.
If only it was that easy. A reasonable reading of GDPR makes standard web server logs (which contain IP addresses) a punishable offense, even if you don’t have a nexus in Europe. GDPR is a wonderful idea that will be insanely expensive to comply with, act as a continuous drag on developing new technologies, and end up offering only nominal protection to end users. This is just going to be another way for EU regulator…
Standard server logs with IP addresses must be disclosed in a privacy policy but you do not have to seek consent for them because you collect them as part of a business critical need to prevent fraud. See Recital 47, which includes the language: "The processing of personal data strictly necessary for the purposes of preventing fraud also constitutes a legitimate interest of the data controller concerned." https://www…
The user can request I delete all of the data related to them without “undue delay”. Are you ready to purge all references to certain IP addresses in your logs? Don’t forget backups.
GDPR blows up a lot of assumptions we make about writing software and managing servers.
https://www.privacy-regulation.eu/en/article-17-right-to-era...
Re: How GDPR Will Change The Way You Develop
#495Earlier quoted context omitted.
Sure I delete files that I don't like, but I don't typically rewrite all my old backups to purge them from there too.
This is my biggest question about HIPAA and GDPR about deleting specific user records and data. How are others planning on deleting data from all backups. It seems like any automatic process that modifies all existing backups has the potential to accidentally corrupt all backups in the process. Is there any safe way to safely delete a record out of my prior database snapshots, or is there a reason I don't actually ne…
This has been the insurmountable issue for us, thus far.
Re: How GDPR Will Change The Way You Develop
#496Either these laws or will be ignored or more and more business will move out of European countries to abide by this law, which Europe really can't afford.
I'll happily ignore this law.
Re: How GDPR Will Change The Way You Develop
#497What'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…
> What's the minimum amount of data? Who decides that? Is it dependent on context? I'd hope so! > Can any site just 'do an end run around' the law by requiring their users to agree to allow them to collect whatever data they collect now or that they've already collected? If so, that seems like it'd be likely as helpful as current terms of service. Under the GDPR you're not allowed to store personal data. However, if…
In e-commerce, order data and item level data can be exported to reported engines to gather info but you can pseudorandom the names to prevent data leakage
Re: How GDPR Will Change The Way You Develop
#498> concept of privacy as a fundamental human right enshrined in law, a situation which has no U.S. equivalent.
We do have something about that in the U.S. Constitution.
Re: How GDPR Will Change The Way You Develop
#499Earlier quoted context omitted.
Good luck to EU trying to enforce it against JoeSchmoeLLC from PA
Not really a problem for EU if JoeSchmoeLLC is really treating this as not a law for them. US and pretty much every country in the EU have excellent extradition agreements. [0] [0] https://en.wikipedia.org/wiki/List_of_United_States_extradit...
It's better for you to be honest in your comments since you know nobody will ever be extradited for this law.
Re: How GDPR Will Change The Way You Develop
#500> concept of privacy as a fundamental human right enshrined in law, a situation which has no U.S. equivalent. We do have something about that in the U.S. Constitution.
That deals with your interactions with the government, not your interactions with other citizens.