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You don't need a treaty to enforce the law, you just need a pizza shop owner who likes to vacation in europe sometimes. You carry out the default judgement if

You don't need a treaty to enforce the law, you just need a pizza shop owner who likes to vacation in europe sometimes. You carry out the default judgement if they ever arrive in the EU. The GDPR explicitly has a very global scope because it is targeting companies in and out of the EU. I wouldn't really have much of a problem with the GDPR if it had some small business and non-eu business exceptions. It doesn't and regulators saying 'trust us we wont prosecute the easy to prosecute!' makes most businesses uneasy.

the_mitsuhiko 9y ago
> You don't need a treaty to enforce the law The law itself does not even put itself into scope. You either need a treaty (Article 3, paragraph 3) or the data subject or processing is in the union.
Silhouette 9y ago
It doesn't and regulators saying 'trust us we wont prosecute the easy to prosecute!' makes most businesses uneasy. Indeed. Let's not forget that the EU and national governments have form when it comes to this sort of thing. The new EU VAT rules on digital sales a few years back were similarly overweight, and they really did result in a lot of microbusinesses either literally shutting down or just plain breaking the law. A lot of slightly larger ones, my own included, went to considerable lengths to update systems to comply, but with hindsight would have simply declined custom from any (other) EU nation instead because the overheads were and continue to be excessive. Those same rules really did also result in national tax authorities abusing their new-found powers to go after businesses in other countries within the EU, sometimes through their own incompetence rather than any legitimate grievance, resulting in some very scary threats being received by other small businesses. It's tough to give much credit to arguments about regulators exhibiting common sense and moderation when the evidence of previous sweeping EU rule changes suggests we shouldn't count on that.
isostatic 9y ago
How is that different from say Dimitry Sklyarov, a Russian who broke a US law while living in Russia, who later goes to the US for a convention and gets arrested and thrown in jail?

the_mitsuhiko 9y ago

> You don't need a treaty to enforce the law The law itself does not even put itself into scope. You either need a treaty (Article 3, paragraph 3) or the data subject or processing is in the union.

Silhouette 9y ago

It doesn't and regulators saying 'trust us we wont prosecute the easy to prosecute!' makes most businesses uneasy. Indeed. Let's not forget that the EU and national governments have form when it comes to this sort of thing. The new EU VAT rules on digital sales a few years back were similarly overweight, and they really did result in a lot of microbusinesses either literally shutting down or just plain breaking the law. A lot of slightly larger ones, my own included, went to considerable lengths to update systems to comply, but with hindsight would have simply declined custom from any (other) EU nation instead because the overheads were and continue to be excessive. Those same rules really did also result in national tax authorities abusing their new-found powers to go after businesses in other countries within the EU, sometimes through their own incompetence rather than any legitimate grievance, resulting in some very scary threats being received by other small businesses. It's tough to give much credit to arguments about regulators exhibiting common sense and moderation when the evidence of previous sweeping EU rule changes suggests we shouldn't count on that.

isostatic 9y ago

How is that different from say Dimitry Sklyarov, a Russian who broke a US law while living in Russia, who later goes to the US for a convention and gets arrested and thrown in jail?