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>No targeting of EU residents = no GDPR liability. I'm gonna have to disagree with that interpretation. If I can use their services from within EU then they a
by dekrg 8y ago
>No targeting of EU residents = no GDPR liability.
I'm gonna have to disagree with that interpretation.
If I can use their services from within EU then they are providing services to EU residents regardless whether or they explicitly say that they want EU customers and thus are subject to GDPR.
- downandout 8y agoRead the part of the recital that you seem to be ignoring on purpose for whatever reason. It literally says that the mere accessibility of a site from within the EU does not by itself mean that the site is offering services in the EU for the purposes of GDPR. It’s not really up for debate - it is written right there in black and white. I’ve been through this with actual lawyers. There are things you can do that make you subject to GDPR without explicitly saying you want EU customers - an example might be creating a site in English but that exclusively reports German news. But, for example, if you have a US news site that doesn’t sell subscriptions to EU citizens, isn’t based in the EU, doesn’t specialize in news arising from EU countries, and doesn’t translate its content to EU-only languages, you aren’t subject to it. Again, as stated in the recital, the mere fact that an EU resident can access the site does not by itself trigger GDPR exposure.