Because a lot of people just get this whole thing wrong.
This whole discussion got poisoned by fear mongering and not understanding of the actual rules. Yes you can be liable to a huge amount but you will be only be hit by that if you are either working with malicious intend or objectively don't give a shit about data security and privacy of your users.
There is no such thing as "estimated fine amount" to base you ransom on. It depends on how important the company treated its security and how obvious the data leak is.
It depends on how important the company treated its security and how obvious the data leak is.
Indeed. Which allows an attacker who is familiar with previous regulatory action to estimate the fine based on the specific circumstances involved in their attack.
Different sector, different country, different regulatory body, different regulator. Maybe the fines are comparable but I have my doubts that this could ever be a viable strategy.
But in any case that is not the problem of the regulations.
I'm not convinced by this; if a company was approached by an attacker who threatened to
a) Release stolen data;
b) Anonymously supply the regulator with full details of the leak
unless a ransom was paid, I imagine that the threat of an audit and potential regulatory action would be enough to persuade the company to pay the ransom if it believed the cost of the ransom to be lower than the cost of an investigation by the regulator.
The incentive of the GDPR is for the companies to place inherent value in their data safety.
So either the companies can pay and not invest in future safety to come out cheaper in the short run with the added risk of future attacks. Or they could cooperate, proactively reach out to regulators with a plan to improve and pay the fine.
Or they could pay the ransom, which they deem to be less expensive than dealing with the regulator, and improve their data security to ensure they don't get caught out again.
I fully understand (and support) the reasoning behind GDPR; I just think that in this case there is a path which is easily open to abuse by attackers.
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Why does anyone stay in business in the EU? I wouldn't run a store if getting robbed earned me a fine.
Because a lot of people just get this whole thing wrong. This whole discussion got poisoned by fear mongering and not understanding of the actual rules. Yes you can be liable to a huge amount but you will be only be hit by that if you are either working with malicious intend or objectively don't give a shit about data security and privacy of your users.
There is no such thing as "estimated fine amount" to base you ransom on. It depends on how important the company treated its security and how obvious the data leak is.
Indeed. Which allows an attacker who is familiar with previous regulatory action to estimate the fine based on the specific circumstances involved in their attack.
Different sector, different country, different regulatory body, different regulator. Maybe the fines are comparable but I have my doubts that this could ever be a viable strategy.
But in any case that is not the problem of the regulations.
I'm not convinced by this; if a company was approached by an attacker who threatened to
a) Release stolen data;
b) Anonymously supply the regulator with full details of the leak
unless a ransom was paid, I imagine that the threat of an audit and potential regulatory action would be enough to persuade the company to pay the ransom if it believed the cost of the ransom to be lower than the cost of an investigation by the regulator.
The incentive of the GDPR is for the companies to place inherent value in their data safety. So either the companies can pay and not invest in future safety to come out cheaper in the short run with the added risk of future attacks. Or they could cooperate, proactively reach out to regulators with a plan to improve and pay the fine.
Yes, they could.
Or they could pay the ransom, which they deem to be less expensive than dealing with the regulator, and improve their data security to ensure they don't get caught out again.
I fully understand (and support) the reasoning behind GDPR; I just think that in this case there is a path which is easily open to abuse by attackers.
That's a pretty weak straw man; a data breach is entirely different to a store being robbed, as you well know.
One might as well ask
since (I believe) Californian state law has similar reporting requirements (and fines/civil liability) for breaches.
Then you wouldn't accept credit cards in any country because merchants pay a fee for fraud on top of the lost revenue.
Nor the US where, for example, Target paid millions in a settlement for getting hacked.
Safety & security of customers and employees are largely the responsibility of the proprietor.
Would you make the same claim about e.g. OSHA violations?
I suspect, because it only happens in anti-GDPR fantasies. I watch GDPR enforcement pretty closely and haven’t seen this happen.