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If a business decides to opt-out of doing business with the EU as a result, what measures do they need to take? Would a banner asking "Are you an EU citizen? Ye
by teeray 9y ago
If a business decides to opt-out of doing business with the EU as a result, what measures do they need to take? Would a banner asking "Are you an EU citizen? Yes/No" suffice? Or would we have to use some kind of Geo IP tool? How would that defend against EU citizens using a VPN or Tor, and what would a business's liability be in that case?
- ansgri 9y agoSimply stop accepting European credit cards. Just like many EU online shops do not accept non-EU (or what blacklist do they have) cards. At least I haven't been able to buy an ebook without a proper European card and/or billing address.
- aquadrop 9y agoGDPR is not about money, you may not accept payments at all.
- ansgri 9y agook, but maybe combined with the notice that if you're from EU, you should leave, that would be an effective measure to show you mean it when you say 'no business with EU'.
- zaarn 9y agoUsers in the EU are not legally required to follow such notices until you make some form of contract with them. Which requires consent.
- ryandrake 9y agoWhat kind of business exists where it would be cheaper to drop European revenue than comply with GDPR? The major tech companies impacted by the law are already likely taking steps to comply. Is anyone seriously saying they’d rather just wave goodbye to an entire continent?
- mathie25 9y agoNot all organisations will need to be compliant with GDPR. By that I mean, if your organisation only do marketing in, for example, the US and Canada, only accepts USD/CAD and they are no legitimate appearance that you do/want to do business in Europe, you are not required to be GDPR compliant, even if an european customer goes on your website and purchases a product/service. If your website accepts Euros, has multiple european languages (e.g. spanish, german, etc.), you do marketing in Europe, then we can conclude that you legitimely do business in Europe, you are then required to be GDPR compliant. This is indicated in one of the GDPR article (can't remember which one) Edit: fix typos
- fencepost 9y agoIs that interpretation or is there actually language to this effect in the regulations?
- shkkmo 9y agoI found this (which is not official or legal advice but does quote the regulation): https://www.gdpreu.org/the-regulation/who-must-comply/ https://www.gdpreu.org/the-regulation/who-must-comply/
- wglb 9y agoNot quite. GDPR applies to you, a US entity, if you do business with an EU citizen trading in dollars living in the US.
- mathie25 9y ago"[...]Whereas the mere accessibility of the controller's, processor's or an intermediary's website in the Union, of an email address or of other contact details, or the use of a language generally used in the third country where the controller is established, is insufficient to ascertain such intention, factors such as the use of a language or a currency generally used in one or more Member States with the possibility of ordering goods and services in that other language, or the mentioning of customers or users who are in the Union, may make it apparent that the controller envisages offering goods or services to data subjects in the Union." Quote from GDPR, page 5, recital 23 (http://www.privacy-regulation.eu/en/recital-23-GDPR.htm http://www.privacy-regulation.eu/en/recital-23-GDPR.htm). I'm no lawyer, but that's the way I'm understanding it.
- Feniks 9y agoDeny access to EU citizens. If EU citizens then lie about their identity its out of your hands.
- fencepost 9y agoYou might need to add something to your terms asking the lines of users certifying that they are not EU residents or citizens and agree to not move to any EU country, and if they do any of those things they agree to indemnify you for any legal expenses or fines resulting from that. Completely unenforceable though.