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If your contact with EU customers is only accidental/incidental then I don't believe you're under the GDPR cover. [ https://gdpr-info.eu/recitals/no-23/ https:/

by tscs37 8y ago

If your contact with EU customers is only accidental/incidental then I don't believe you're under the GDPR cover. [ https://gdpr-info.eu/recitals/no-23/ https://gdpr-info.eu/recitals/no-23/ ]

jimktrains2 8y ago
That's not actually law though, only commentary. The law says anyone "in the Union" is covered, with no cut out for targeting.
- tscs37 8y ago
  https://gdpr-info.eu/art-3-gdpr/ https://gdpr-info.eu/art-3-gdpr/ The actual law is here and it applies when you offer services or goods to people in the EU or if you monitor their behavior in the EU. The recitals are a pretty good commentary to clear up the law, the same recitals will be used by regulatory bodies and judges later on, as a guideline.
  - jimktrains2 8y ago
    > The recitals are a pretty good commentary to clear up the law, the same recitals will be used by regulatory bodies and judges later on, as a guideline. But they are not law. The law says anyone "in the Union".
    - tscs37 8y ago
      That law says if you offer service or goods to anyone or monitor them while they are in the EU. It does not say "anyone in the EU" as people you aren't offering services or goods to and you aren't monitoring are not included. Afaict from summaries on court cases in germany, "offering goods or services" definitely means you have to have more than accidental contact with EU customers. Monitoring is hopefully obvious.
      - jimktrains2 8y ago
        That doesn't feel wholesome to me. I'm a software engineer in the US. I don't know German case law or if German case law can/will be used in, say, Spain. The law says anyone in the EU (or is it EEA?) that you're interacting with. Article 3: > 2. This Regulation applies to the processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union, where the processing activities are related to: > (a) the offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the Union; or (This also seems to mean a forum with no monetary value at all, but that's another issue.)
        tscs37 8y ago
        A forum with a few european users obviously goes beyond incidental contact. The thing is, if you want to do business in the EU, you better know the legal system there. The US forces people in the EU to adhere to their legal system all the time.
        jimktrains2 8y ago
        > A forum with a few european users obviously goes beyond incidental contact. Why? That's such a silly thing to assume. It's possible I've targeted no one by location or nationality. > The thing is, if you want to do business in the EU, you better know the legal system there. How is a silly forum a business?
        tscs37 8y ago
        > It's possible I've targeted no one by location or nationality. It's not about targeting but about offering services to people in the EU. A silly forum that has a few EU users is beyond incidental/accidental contact and will have to adhere to the EU laws. A silly forum may not be a business but atleast under german law it can be classified as business-like or otherwise commercial even if you don't make any money on it.
        8y ago

by tscs37 8y ago

If your contact with EU customers is only accidental/incidental then I don't believe you're under the GDPR cover. [ https://gdpr-info.eu/recitals/no-23/ https://gdpr-info.eu/recitals/no-23/ ]

jimktrains2 8y ago

That's not actually law though, only commentary. The law says anyone "in the Union" is covered, with no cut out for targeting.

tscs37 8y ago
https://gdpr-info.eu/art-3-gdpr/ https://gdpr-info.eu/art-3-gdpr/ The actual law is here and it applies when you offer services or goods to people in the EU or if you monitor their behavior in the EU. The recitals are a pretty good commentary to clear up the law, the same recitals will be used by regulatory bodies and judges later on, as a guideline.
- jimktrains2 8y ago
  > The recitals are a pretty good commentary to clear up the law, the same recitals will be used by regulatory bodies and judges later on, as a guideline. But they are not law. The law says anyone "in the Union".
  - tscs37 8y ago
    That law says if you offer service or goods to anyone or monitor them while they are in the EU. It does not say "anyone in the EU" as people you aren't offering services or goods to and you aren't monitoring are not included. Afaict from summaries on court cases in germany, "offering goods or services" definitely means you have to have more than accidental contact with EU customers. Monitoring is hopefully obvious.
    - jimktrains2 8y ago
      That doesn't feel wholesome to me. I'm a software engineer in the US. I don't know German case law or if German case law can/will be used in, say, Spain. The law says anyone in the EU (or is it EEA?) that you're interacting with. Article 3: > 2. This Regulation applies to the processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union, where the processing activities are related to: > (a) the offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the Union; or (This also seems to mean a forum with no monetary value at all, but that's another issue.)
      - tscs37 8y ago
        A forum with a few european users obviously goes beyond incidental contact. The thing is, if you want to do business in the EU, you better know the legal system there. The US forces people in the EU to adhere to their legal system all the time.
        jimktrains2 8y ago
        > A forum with a few european users obviously goes beyond incidental contact. Why? That's such a silly thing to assume. It's possible I've targeted no one by location or nationality. > The thing is, if you want to do business in the EU, you better know the legal system there. How is a silly forum a business?
        tscs37 8y ago
        > It's possible I've targeted no one by location or nationality. It's not about targeting but about offering services to people in the EU. A silly forum that has a few EU users is beyond incidental/accidental contact and will have to adhere to the EU laws. A silly forum may not be a business but atleast under german law it can be classified as business-like or otherwise commercial even if you don't make any money on it.
        8y ago