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Why would GDPR apply to the internet archive? It's a US based nonprofit. As far as I can tell they don't do anything that even remotely hints at them providing
by teamhappy 8y ago
Why would GDPR apply to the internet archive? It's a US based nonprofit. As far as I can tell they don't do anything that even remotely hints at them providing services to EU residents (like offering their site in European languages, having the €-symbol somewhere on their donations page or any of the other more subtle things mentioned in GDPR).
- merinowool 8y agoBecause the data they have might have been produced by EU citizens.
- jakeogh 8y agoSo what? The EU does not get to make laws for other people. That's why we have countries.
- fredoliveira 8y agoYou are missing the point. The EU makes laws that govern - and at least try to - protect its citizens. If a document on the archive is created by a European citizen, then it is under EU law. That's why every company in the world right now that deals with European citizens is working on supporting GDPR. That also applies here.
- soziawa 8y agoyeah, but GDPR doesn't affect copyright.
- icebraining 8y agoNitpick: EU residents, not citizens, as far as I understand it (the text says people "in the Union", and doesn't mention citizens at all).
- donohoe 8y agoNot quite. The EU might want that but it gets into jurisdiction. The EU cannot enforce its law on entities that are entirely US based. It can only enforce it on non-EU sites if that site has some sort of business that’s within the EU (like offices or employees).
- DanBC 8y agoThe EU can say that some businesses are so uncompliant with GDPR that they're not able to be used by EU companies. It seems weird to chose to limit your market just because you don't want to protect user data. See also changes to "safe harbour".
- jakeogh 8y ago"protect user data" is a odd way to say "force you to forget something" We are merging with our creations, and will laugh at this "AI" thing when we realize it's us. The WOGPC is really a struggle for self.
- matte_black 8y agoSorry, but the EU has no teeth here to enforce its laws on entities that exist outside the EU. When the first purely US based company is successfully fined or shut down by the EU I’ll believe in their ability to enforce GDPR.
- SllX 8y agoNot GDPR-specific, but France.com had its web domain seized by France recently[1]. It was a private US-based business (not a squatter) that the government of France had actually cooperated with for years, until they suddenly decided it violated French trademark law and seized the domain. The domain itself had been in one person's possession since 1994. Enforcement of national laws is very much a thing across borders, so private businesses outside the EU are right to be apprehensive about what is going to happen as GDPR enforcement ramps up. [1] https://arstechnica.com/tech-policy/2018/04/france-seizes-france-com-from-man-whos-had-it-since-94-so-he-sues/ https://arstechnica.com/tech-policy/2018/04/france-seizes-fr...
- matte_black 8y agoAny domain can be seized, it is not your property.
- jakeogh 8y agoClearly. Can we name the real DNS owner? It changed hands kinda recently...
- walshemj 8y agoBut its not personal data that's being handled and the EU is quite happy with the german imprimatur and not keen on anonymous publishing in general.
- LoSboccacc 8y agoI wish you were right.
- teamhappy 8y agoWho cares? Me posting my (very German) name and address on somebody else's website (blog comment, forum or whatever) doesn't magically make that person have to comply with GDPR. According to [1] the law applies to: 1.) a company or entity which processes personal data as part of the activities of one of its branches established in the EU, regardless of where the data is processed; or 2.) a company established outside the EU offering goods/services (paid or for free) or monitoring the behaviour of individuals in the EU. The internet archive doesn't offer goods or services in the EU (if you want to know how that's defined you have to read the actual law I'm afraid) and they're certainly not "monitoring the behaviour of individuals in the EU". [1]: https://ec.europa.eu/info/law/law-topic/data-protection/reform/rules-business-and-organisations/application-regulation/who-does-data-protection-law-apply_en https://ec.europa.eu/info/law/law-topic/data-protection/refo...
- SmellyGeekBoy 8y agoIs English not a European language?
- teamhappy 8y agoDoesn't matter. Using the English language doesn't imply that you're offering goods or services to individuals in the EU.
- H4CK3RM4N 8y agoNo more than Spanish, and you wouldn't be making this argument wrt a Mexican company.
- zeth___ 8y agoNot since England left the EU.
- robin_reala 8y agoBritain is still in the EU and GDPR will apply there.
- _nalply 8y agoAnd Ireland?