Upcoming changes for GDPR compliance in XF1 and XF2

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Well, let me take on that by the paragraphs.

So you are saying a German lawyer off his own back can send you a letter identifying a violation and in effect fine you, or the reality blackmail you, into paying them so they don't take it any further which would cost you should it go to court?
I'm glad we're leaving the EU then as that is ludicrous.

That is exactly what I am saying. The legal construct is actually like this:

They find a violation of the law and send you a warning letter "Strafbewehrte Abmahnung". I am not quite certain how to translate the first word properly, literally it means "punitively armed", so the entire thing would be called a "punitively armed warning letter including cease and desist".

This means they send you this letter and you can either sign it and be bound to never commit this violation again, otherwise you owe them tens of thousands in fines and damages. You will also have to pay their "fee" which is limited by law to I believe 380€ for the first letter.
So you end up paying 380€ in any case and can basically close your website unless you want to run everything on it by a lawyer before publishing.

Or you can go to your own lawyer (and of course pay him) and have him negotiate with the other lawyer about that cease an desist part and the fines included. Generally that works rather well, so you do not sign away your soul, but still have to pay the 380€ plus whatever your own lawyer charges you.

Or you can let him take it to a civil court (not a penal court as you won't be fined or punished in the sense of the German penal code) and risk losing the case, in which case you will have to pay him his 380€, plus whatever he charges you to represent his own case in court, plus your own legal counsel, plus the costs of the court.

Best case is if everything on your website is legally waterproof.

They can do this quite easily by just looking at a website. It has to have in imprint and a privacy policy, reachable from everywhere with two clicks maximum. If it is not, they already got their reason. If they can't use this attack vector, they will start looking at the privacy policy, the imprint and the terms of use and search for anything in there.

They find anything, they are happy to earn 380€ minimum.

What that has to do with the EU or the UK leaving it is beyond my grasp, as this is a purely internal German issue, on which I have my opinion, but expressing that opinion would violate the rules of this forum.
I am not a friend of political unsound statement like that.

In the UK we have similar involving no-win no-fee solicitors making spurious or inflated claims for their 'clients' against companies for injuries, etc they may have (or may not have) sustained.
They work on the premise that it is cheaper for the company to agree a settlement figure outside of court than it is for the company to go to court to successfully defend themselves.
If you can successfully defend yourself, the cost is all on the guy sending you the warning letter. But if you have actually violated the law it is cheaper for you to just pay him, because in court you will end up paying more. Of course you will need your own (paid) legal counsel to ascertain wether or not you should go to court or just pay him.

Because these people also don't like to waste money, you can be rather certain that if they send you a warning, there will be at least something to their claim.

The best thing to do if that is the situation and you are that worried is to give the website to any individual in some remote distant land and let them be the owner, the person doesn't even have to be real, pick a name from the many Nigerian scam emails. You could then just be the 'manager' of the website, a paid employee in other words, with no legal responsibility for it, and when/if the letter lands on the doormat forward it on to them :)
Believe me, it has been tried. These people are not idiots, and if they catch you doing that and have any way to provide proof (and they will find the truth if they take it to court) you will just loose bigger than before.
Of course a setup like this is possible, but in the end probably even more expensive to make it look convincing than just paying the guy his 380€.

So much for a quick look into questionable legal practices in the German Bureaucratic Republic.
Fortunately there is an initiative going on to restrict cases like that if the lawyer can prove a legitimate interest, but knowing the process of lawmaking, it will take forever for this to actually produce results. It will also be met with considerable lobbying attempts against it by those who make a living of this very same issue.
 

webbouk

Active member
Well maybe if that is the case the best thing to do is roll over and keep €380 in a tin and wait for the inevitable because no doubt if someone was that way out they would find something especially in a public forum if they wanted to.
However this is a local issue which however which way around it you go, is not the responsibility of xenForo to provide every solution to (imho)
 
Well maybe if that is the case the best thing to do is roll over and keep €380 in a tin and wait for the inevitable because no doubt if someone was that way out they would find something especially in a public forum if they wanted to.
However this is a local issue which however which way around it you go, is not the responsibility of xenForo to provide every solution to (imho)
It is your prerogative to think that, however they did implement this. Most certainly not only for their customer from Germany, but for a bunch of other people as well.
I can not speak for the team of XenForo limited, but they have implemented features that help comply with this new law and I welcome that change.
However I am certain that they had their reasons for doing so.

A little note about your notion of leaving the UK: All EU-law will be transferred into national UK-law as part of the Brexit process. This is publicly known and has been communicated by the British government including the reasons for doing so.

Which in turn means, that even if the UK leaves the EU, the GDPR will still effect you until it is changed or lifted altogether and I am rather certain that the House of Commons has more urgent things on its agenda then GDPR for quite some time.
 
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Sheldon

Well-known member
From GDPR, to lawyers sending you fines on a whim, to German law, to Brexit.... All in 5 posts.

Can we keep this about the subject at hand?

I'm anxiously awaiting for someone to give themselves a heart attack over this GDPR nonsense, and most previous replies in this thread have me thinking it'll happen sooner rather than later.
 
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