3 ms·

> "don't do business in the EU" This does not make sense on web. EU resident streaming a movie from netflix. Is netflix doing business in EU ? Or Is it the cu

> "don't do business in the EU" This does not make sense on web. EU resident streaming a movie from netflix. Is netflix doing business in EU ? Or Is it the customer doing business in USA ? For example, it can be argued that its as if the customer went to USA, bought the dvd.

TeMPOraL 9y ago
I wrote "don't do business in the EU / with EU citizens". > For example, it can be argued that its as if the customer went to USA, bought the dvd. A DVD does not collect your personal information and send them to the producer for processing.
- wav-part 9y ago
  > I wrote "don't do business in the EU / with EU citizens". Are you saying if I sell to EU tourists visiting USA, I have to follow EU laws ? > A DVD does not collect your personal information and send them to the producer for processing. Thats come after when we determine whos doing business where. Or replace dvd with a survilliance device disguised as a toy.
  - majewsky 9y ago
    The GDPR (AFAIK, IANAL) applies to people inside the EU. An EU tourist traveling abroad would be subject to local laws.
    - danieltillett 9y ago
      Actually nobody know who it applies to. Anyway what are you supposed to do if some visiting outside the EU returns to the EU and then demands their data is forgotten?
jen20 9y ago
https://jobs.netflix.com/locations/london-united-kingdom https://jobs.netflix.com/locations/london-united-kingdom Yes. Furthermore they have licensed content for this purpose.
- wav-part 9y ago
  Ah did not know that. Replace netflix with a company with no EU establishment.
  - majewsky 9y ago
    As a company with a website, there is no obligation for you to serve customers from around the world. Just restrict yourself to customers within a certain region (e.g. by checking where their credit card is registered, or geoblocking based on IP if you don't take payments) that does not include the EU and you don't have to care about EU law.
    - Feniks 9y ago
      Exactly. As a European I can't get access to Hulu or Funimation.
  - PeterisP 9y ago
    Yes, if you're streaming data to EU and getting money for that from a customer in EU, then you are exporting goods to EU. It's not "as if the customer went to USA, bought the dvd" (in which case it's a local sale and a customer imports their own personal stuff when coming back), it's an international export sale, you bring that "DVD" to Europe. It's as when you ship physical goods through customs, and both the goods and the money flowing through them are subject to EU rules. If you have zero establishment in EU whatsoever, fines could be taken from all your EU sales revenue (i.e. any funds en route from EU customers to you), and it could be expected that (after they smooth out the process) they also might get a local (e.g. USA) court ruling to enforce that debt on you, there's a lot of international cooperation between the authorities in regards to enforcing trade law. That will take time, though, so until that you're safe unless you want to take money from EU customers or sell the user/advertisement information to EU (or compliant) businesses - in which case, you'll rather want to be compliant.
robin_reala 9y ago
Netflix are doing business in the EU. I subscribe to the UK Netflix, which is a Dutch company under the name of Netflix International B.V.‬ The films stream from European servers.

TeMPOraL 9y ago

I wrote "don't do business in the EU / with EU citizens". > For example, it can be argued that its as if the customer went to USA, bought the dvd. A DVD does not collect your personal information and send them to the producer for processing.

wav-part 9y ago
> I wrote "don't do business in the EU / with EU citizens". Are you saying if I sell to EU tourists visiting USA, I have to follow EU laws ? > A DVD does not collect your personal information and send them to the producer for processing. Thats come after when we determine whos doing business where. Or replace dvd with a survilliance device disguised as a toy.
- majewsky 9y ago
  The GDPR (AFAIK, IANAL) applies to people inside the EU. An EU tourist traveling abroad would be subject to local laws.
  - danieltillett 9y ago
    Actually nobody know who it applies to. Anyway what are you supposed to do if some visiting outside the EU returns to the EU and then demands their data is forgotten?

jen20 9y ago

https://jobs.netflix.com/locations/london-united-kingdom https://jobs.netflix.com/locations/london-united-kingdom Yes. Furthermore they have licensed content for this purpose.

wav-part 9y ago
Ah did not know that. Replace netflix with a company with no EU establishment.
- majewsky 9y ago
  As a company with a website, there is no obligation for you to serve customers from around the world. Just restrict yourself to customers within a certain region (e.g. by checking where their credit card is registered, or geoblocking based on IP if you don't take payments) that does not include the EU and you don't have to care about EU law.
  - Feniks 9y ago
    Exactly. As a European I can't get access to Hulu or Funimation.
- PeterisP 9y ago
  Yes, if you're streaming data to EU and getting money for that from a customer in EU, then you are exporting goods to EU. It's not "as if the customer went to USA, bought the dvd" (in which case it's a local sale and a customer imports their own personal stuff when coming back), it's an international export sale, you bring that "DVD" to Europe. It's as when you ship physical goods through customs, and both the goods and the money flowing through them are subject to EU rules. If you have zero establishment in EU whatsoever, fines could be taken from all your EU sales revenue (i.e. any funds en route from EU customers to you), and it could be expected that (after they smooth out the process) they also might get a local (e.g. USA) court ruling to enforce that debt on you, there's a lot of international cooperation between the authorities in regards to enforcing trade law. That will take time, though, so until that you're safe unless you want to take money from EU customers or sell the user/advertisement information to EU (or compliant) businesses - in which case, you'll rather want to be compliant.

robin_reala 9y ago

Netflix are doing business in the EU. I subscribe to the UK Netflix, which is a Dutch company under the name of Netflix International B.V.‬ The films stream from European servers.