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I wonder what happens if I’m a European Citizen, which I am, but live in the US, which I do. Does GDPR apply? Can I go around making annoying requests to apps
by Swizec 9y ago
I wonder what happens if I’m a European Citizen, which I am, but live in the US, which I do.
Does GDPR apply? Can I go around making annoying requests to apps and services I use?
- mehrdadn 9y agoI've wondered about this too. The whole thing about citizenship affecting how you're treated on the internet just seems to have so many holes.
- TheForumTroll 9y agoIt is based on where you and the business are at, not the users citizenship. If you are in the EU you are covered. If the business is in the EU you are also covered. Data being processed in the EU is covered (and transferring it to the US is also processing it). In other words the data is covered by the GDPR if it is inside the EU at any point. EDIT: So to answer the question directly: No, if you use a US located business from outside the EU you aren't covered no matter your citizenship, unless the data is being processed in the EU at some point.
- RafiqM 9y agoSo to my understanding, the law does not actually refer to EU Citizens, and rather it refers to people within the EU (citizen or not). I found this excerpt from https://cybercounsel.co.uk/data-subjects/ https://cybercounsel.co.uk/data-subjects/ informative: A Data Subject under GDPR is anyone within the borders of the EU at the time of processing of their personal data. However, they can also be anyone and anywhere in the context of EU established Data Controllers an Data Processors. If the Data Subject, moves out of the EU border and say becomes an expat, or goes on holiday then their personal data processed under these circumstances is not covered by the GDPR and they are no longer a Data Subject in the context of the GDPR, unless their data is still processed by an organisation “established” in the EU.
- Swizec 9y agoSo an EU business has to treat me under GDPR if I’m a EU citizen even if I’m abroad but a US business does not. That kinda makes sense?
- Symbiote 9y agoSeems so, but the EU business has to treat all citizens under the GDPR, regardless of nationality. I wonder if this could be attractive? "By EU law, we won't sell your data" is stronger than an American company's promise.
- tscs37 9y agoAs far as I'm aware any citizen of the EU is under the GDPR umbrella even abroad.
- RafiqM 9y agoWe've posted two conflicting answers to this question and I think that's indicative of how little the law is understood, only a few weeks from going into force.
- tscs37 9y agoOnce the courts settle it with the big Fish like Facebook we'll have a more accurate understanding.
- rmc 9y agoJust because people on messageboards are posting different things, doesn't mean the law is unclear. GDPR Art 3 is relatively clear that it wouldn't apply just because an EU citizen is in the USA. Once that person is in the EU, then it applies.
- RafiqM 9y agoWell I didn't necessarily say the law itself is unclear, just that the understanding of it as a whole seems to be unclear. Anecdotally, almost everyone I speak to at events seems to have different views on what they need to do. I'm in the EU.
- fasteddie 9y agoWhile that may be technically true, the specifics of the law would make it impossible to follow unless companies assumed everyone who visited their site was an EU citizen. For example , using google analytics in many cases in the EU will now require opt-in consent, even for anonymous visitors. But unless a user registers and says, "hey, I'm an EU Citizen actually" you wouldn't know ahead of time. Make much more sense to segment for EU IPs if you are a large company that relies on such stuff to make decisions.