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> For example, an EU resident hits your server while they're on vacation in Australia. If you don't provide specifically targetting EU with your services, you
by GlitchMr 9y ago
> For example, an EU resident hits your server while they're on vacation in Australia.
If you don't provide specifically targetting EU with your services, you aren't under GDPR scope. Specifically targetting means stuff that shows that you specially consider EU users, for instance by allowing payments in EUR currency or having a website in a language only spoken in EU.
> You've stored analytics, IP addresses, etc.
Even if you were under GDPR scope, storing information purely for ensuring network security is perfectly fine under a law.
> The law also broadly contradicts loads of other laws about how data must be retained for legal and compliance purposes.
GDPR allows for storage of data for legal and compliance purposes. In fact, feel free to read https://ico.org.uk/for-organisations/guide-to-data-protection/principle-5-retention/ https://ico.org.uk/for-organisations/guide-to-data-protectio...
> So now any jurisdiction in the world can declare that if you do something they don't like that even remotely affects them, you owe them whatever they want.
No, GDPR doesn't apply to everyone. If you don't provide services specifically to European Union countries, you don't need to care about GDPR at all. For instance, if your website has a Greek language option, it's understandable that you are offering services to Greece or Cyprus (both of which are European Union countries), and GDPR applies to your website. GPDR only applies when it would be enforceable to begin with.
> What if some oppressive regime passes a law that if your website is shown to one of their citizens and doesn't have a message praising their leader, you owe them 100% of your global revenue in perpetuity.
They would have difficulties in enforcing it, as you likely don't specifically provide service to them. And even if you did, you could just disable the website for that country instead of paying 100% of your global revenue. Similarly, with GDPR, you can just remove support for EU languages, EU currencies, and so on.
> If the EU gets overly broad and punitive here (as I'd argue they have), then companies will either just leave, or shift their digital operations to jurisdictions where courts can't enforce those laws.
True, that's an option, but at the same time, EU is a big market that may be not worth ignoring.
> Ultimately, I think that the realistic path here is that Google and Facebook will fundamentally change almost nothing. The user experience will just get worse, because we'll have to constantly be agreeing to a long list of terms about how our data will be used, etc, etc. And people will just agree and move on.
GDPR is not EU Cookie Law (which actually was badly designed law, unlike GDPR) where you could just put some silly notice and that's about it. For example, an user may demand his information to be removed, and you actually have to handle this request or you risk being sued for not complying with GDPR.
- blibble 9y ago> GDPR is not EU Cookie Law (which actually was badly designed law, unlike GDPR) everyone that has ever written code to set a cookie predicted what the industry response to that cookie legislation would be, but even that trivial foresight was beyond the EU's abilities if they can't write a good law for something trivial like cookies why would you have any confidence in their abilities to produce a much larger, wider reaching piece of legislation, let alone the ability to predict the second order effects?
- jacquesm 9y agoDid you know that functional cookies are exempt from the cookie law?
- freeone3000 9y agoWhat's a functional cookie? What makes it separate from an essential cookie? What, exactly, links it to a user? Knowing that certain types of cookies is exempt is insufficient knowledge.
- GlitchMr 9y agoThey are, but the failure of a law is that people did not know that, and just put cookie warnings to be safe, and in the end all websites had cookie warnings making the entire thing pointless.
- TheCoelacanth 9y agoIs there no possibility that they might actually learn from the failures of the cookie law and use than knowledge to write a better law this time?