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> The idea that GDPR requests have to be honored by some local ecommerce company in Idaho is just nonsense and not supported by any international legal preceden
by molf 9y ago
> The idea that GDPR requests have to be honored by some local ecommerce company in Idaho is just nonsense and not supported by any international legal precedent.
This is true. GDPR would only apply there if they were "offering goods or services, irrespective of whether a payment of the data subject is required, to data subjects in the European Union". [1]
This is understood to mean they must be marketing to the EU, for example by offering their site in European languages (apart from English), using European currencies, or using a European domain.
[1] https://gdpr-info.eu/art-3-gdpr/ https://gdpr-info.eu/art-3-gdpr/
- briandear 9y agoEuropean languages? That’s absurd. Your product could be targeting US Spanish speakers, African speakers of French or newly arrived German speaking US citizens. Using language as a determinant is without any legal basis. Having your website in French doesn’t mean you are selling to French citizens. Language doesn’t equal location. Language does not impart jurisdiction. If a small hotel in California had a French language information page, that doesn’t make that hotel subject to an EU law. If I am wrong, then where is the case law? Where is the legal precedent?
- dahauns 9y agoTargeted Language by itself certainly won't be enough, but it is definitely seen as one indicator by the CJEU. https://iapp.org/news/a/what-does-territorial-scope-mean-under-the-gdpr/ https://iapp.org/news/a/what-does-territorial-scope-mean-und... (And - case law? Not really a thing in most countries executing the GDPR.)