They're OK with the liability exactly because of this very sentence. As you said, there's so many data breaches... so where are the company-ending fines and managers/execs going to prison?
They're OK with the liability exactly because of this very sentence. As you said, there's so many data breaches... so where are the company-ending fines and managers/execs going to prison?
Up to EUR 10,000,000 or up to 2% of the total worldwide annual turnover of the preceding financial year, whichever is higher; applies to infringements such as controller and processor obligations, security of processing, record-keeping, and breach notification duties.
Up to EUR 20,000,000 or up to 4% of the total worldwide annual turnover of the preceding financial year, whichever is higher; applies to infringements of basic principles for processing, data subjects’ rights, and unlawful transfers of personal data to third countries or international organisations.
It’s not very hard to handle customer data in a legally compliant way, that’s why you don’t see companies deciding against retaining data.
You can do everything right and still have a data breach, and in that case nobody is fining you.
https://ico.org.uk/action-weve-taken/enforcement/
Some went to prison, some were fined £14M and it's a mixture of small fry and big fry.