3 ms·

Oh, because of the internet I can serve a EU customer from the US without EU regulation. Why would a startup setup a nexus in the EU?

raquo 9y ago
GDPR has its own, vague criteria for when it applies, and it's much more inclusive than the typical criteria for a nexus. For example, things like the company actively seeking out clients in EU countries, or offering the service in EU countries' languages, make it more likely that EU will consider the company to be subject to GDPR even if it has no presence in the EU. It seems to me that EU is overstepping their jurisdiction here, but I really don't know how international law works.
- true_religion 9y ago
  Yes the language clause makes no sense to me. If we add French to support Quebec or Spanish for S. America, we can now be roped into an EU regulation?
  - TeMPOraL 9y ago
    If you make steps to ensure that you're not servicing EU citizens, then I guess not. A little more clarification on that would be welcome.
    - briandear 9y ago
      What if you are servicing non-EU citizens in EU countries? Or EU citizens in non-EU countries? An EU citizen buying a product in the US, while in the US, doesn’t pay EU VAT on that product. So it follows that they also wouldn’t be “protected” by European law, despite the color of their passport. US citizens aren’t protected by HIPAA when getting medical care in Britain or France. Further irony is that many Europeans complain about US “imperialism” in areas such as foreign policy and intellectual property, yet get positively ecstatic over the idea of the EU claiming jurisdiction over companies or users that aren’t in the EU. Being an EU citizen in the United States using an American product doesn’t make that American product subject to EU law — it doesn’t matter how bad people want to believe that is so. When in a country, you are subject to that countries laws; you don’t get to bring your home country’s laws with you — except under treaty agreements.
      - deleted 9y ago
        [deleted]
      - icebraining 9y ago
        The GDPR doesn't apply to EU citizens outside the EU. It applies to people that are in the EU (be they EU citizens or not).
  - icebraining 9y ago
    It's a balancing act. If you're a Canadian company (or have a Canadian subsidiary, I assume), adding French to support Quebec is not enough to show that you're targeting EU customers[1], but if you add French and payments in Euro, that might me. [1] https://gdpr-info.eu/recitals/no-23/ https://gdpr-info.eu/recitals/no-23/

raquo 9y ago

GDPR has its own, vague criteria for when it applies, and it's much more inclusive than the typical criteria for a nexus. For example, things like the company actively seeking out clients in EU countries, or offering the service in EU countries' languages, make it more likely that EU will consider the company to be subject to GDPR even if it has no presence in the EU. It seems to me that EU is overstepping their jurisdiction here, but I really don't know how international law works.

true_religion 9y ago
Yes the language clause makes no sense to me. If we add French to support Quebec or Spanish for S. America, we can now be roped into an EU regulation?
- TeMPOraL 9y ago
  If you make steps to ensure that you're not servicing EU citizens, then I guess not. A little more clarification on that would be welcome.
  - briandear 9y ago
    What if you are servicing non-EU citizens in EU countries? Or EU citizens in non-EU countries? An EU citizen buying a product in the US, while in the US, doesn’t pay EU VAT on that product. So it follows that they also wouldn’t be “protected” by European law, despite the color of their passport. US citizens aren’t protected by HIPAA when getting medical care in Britain or France. Further irony is that many Europeans complain about US “imperialism” in areas such as foreign policy and intellectual property, yet get positively ecstatic over the idea of the EU claiming jurisdiction over companies or users that aren’t in the EU. Being an EU citizen in the United States using an American product doesn’t make that American product subject to EU law — it doesn’t matter how bad people want to believe that is so. When in a country, you are subject to that countries laws; you don’t get to bring your home country’s laws with you — except under treaty agreements.
    - deleted 9y ago
      [deleted]
    - icebraining 9y ago
      The GDPR doesn't apply to EU citizens outside the EU. It applies to people that are in the EU (be they EU citizens or not).
- icebraining 9y ago
  It's a balancing act. If you're a Canadian company (or have a Canadian subsidiary, I assume), adding French to support Quebec is not enough to show that you're targeting EU customers[1], but if you add French and payments in Euro, that might me. [1] https://gdpr-info.eu/recitals/no-23/ https://gdpr-info.eu/recitals/no-23/