4 ms·
> What are you even trying to say here? If I don't live in the EU, have no legal presence in the EU I have no means through which I must comply with the GDPR.
by grabeh 8y ago
> What are you even trying to say here? If I don't live in the EU, have no legal presence in the EU I have no means through which I must comply with the GDPR.
I was responding to your point that there were zero channels to help non-EU companies to comply.
I’m really not sure on what resources you think are available to EU companies that are not available to non-EU companies? You would definitely not get GDPR advice at the Citizens Advice as they have more important matters to deal with. To the extent a local regulator would provide guidance to an EU company, I am certain they would also provide to a non-EU company looking to comply. You present it as a clear distinction between EU vs non-EU companies but that simply is not the case!
We can agree to disagree on the pros and cons of an extra-territorial law but don’t misrepresent the position in terms of help available to EU vs non-EU companies.
Also your point about hairdressers is nonsense. A non-EU based hairdresser is very muh out of scope of GDPR!
- dogma1138 8y agoLocal DPA, local courts, local MPs, industry unions, EU MPs, EU high courts. And please tell me how say I as a small merchant in any country outside of the EU can get in touch with them and get services from any of them. Better yet please tell me how a lawyer in Mexico or the Philippines would be able to advise me on GDPR unless they are part of a top tier international law firm which operates in the EU and has experience with GDPR. Please let me know to which non-EU bar associations were provided with materials and guidance and have conducted workshops and seminars in order to ensure that they would be able to provide legal advice on this manner by a DPA or any other EU regulatory agency. >You would definitely not get GDPR advice at the Citizens Advice as they have more important matters to deal with. Wanna bet? citizens information board (CA in Ireland) already offers such service (so does Citizens Advice Edinburgh), in the UK the ACF provides GDPR related legal council to foundations, a lot of other industry organizations offer similar services. > I am certain they would also provide to a non-EU company looking to comply. You present it as a clear distinction between EU vs non-EU companies but that simply They will not provide any service or information to you, in fact they are forbidden from doing so trying contacting an MP who isn't yours or an agency outside of your member state. >We can agree to disagree on the pros and cons of an extra-territorial law but don’t misrepresent the position in terms of help available to EU vs non-EU companies. There is anything to disagree about, this isn't about extra-territorial law this is about extra-judicial application of it which is tyranny since you are applying laws and regulation outside of the scope of international law and frameworks. The fact that you accept this as something good makes me think that the brexiters might have had a point. >Also your point about hairdressers is nonsense. A non-EU based hairdresser is very muh out of scope of GDPR! I think you should practice on your reading comprehension I'm in the EU on the 25th of May I am submitting a data access request letter to my dry cleaner (I like my hairdresser), Pristine Dry Cleaners just for the lolz and to show just how ridiculous it can be. I know for a fact that they have my name, address and phone number since it was required during registration and I also know that their branch in East Finchley shares the same database as the one in Lancaster Gate since I've used both despite being different franchises so I really want to know who they shared those with.
- grabeh 8y agoOk, my apologies for not picking up on the fact you are in the EU. Is it the cost that is stopping you from making a subject access request today under existing laws? Apologies also - I took Citizens' Advice in the narrow sense of the Citizens Advice Bureau (I used to work there so it's in my subconscious) who generally deal with benefits, employment and housing law queries. I took a look at the citizensinformation.ie and did a search for GDPR - I can't see much in the way of materials unfortunately. ACF makes materials available which can be read by anyone regardless of location. Sure, they might make advice available to local entities, but this would be a small benefit to EU orgs vs non-EU orgs. However I still don't really follow your point how organisations will approach GDPR compliance in general and the idea that there is a massive gap between what is available to EU entities versus non EU entities. For lots of organisations, GDPR will not be on their radar, and life will go on as normal post May 25th. For organisations aware of GDPR, their route to compliance will be through reading the source materials and supporting materials available on the Art 29 Working Party website. That is the case regardless of whether the organisation is in or out the EU. They can consult materials from third parties like ACF but the core materials are as above. I don't really think contacting your MP or actually contacting a regulator is something which many entities have actually done because actually the base regulation and the interpretation notes are sufficient to understand what an organisation has to do to comply (again available to anyone who cares to read). In terms of court access In terms of access to legal advice, then I don't quite think it's as bad you paint out here! I've instructed local counsel in multiple countries direct and it's a straightforward process and those firms were not part of a top tier international law firm network. Often smaller local firms have firms of similar sizes in other countries that they can refer work to. If other peoples' implementations of GDPR are anything like my company's then the extent of legal advice sought will have been limited. I think overall I take your point that resources on offer to non EU companies may be a more limited, but overall the core resources are the same. Lots of non-EU entities have been working very hard on looking to comply with GDPR using the above resources and taking local legal advice where relevant. I agree that for smaller organisations this is more problematic, but this is the case regardless of location to an extent. I do take your point about the extra-judicial nature though. We will have to see how things work out. My instinct is that for lots of companies it will be business as usual and the local regulators will have bigger targets that they want to go after.