3 ms·

You are wrong. This is a misconception that has thankfully died down a bit over the past week or so, but apparently it is still a bit alive. There are accords i

You are wrong. This is a misconception that has thankfully died down a bit over the past week or so, but apparently it is still a bit alive. There are accords in place between (for example) the US and the EU, which allows the EU to hand out fines overseas. The reverse is also true (the US can and does litigate in the EU).

jhall1468 8y ago
Show me case law where an EU government fined a US company and how they enforced payment of that fine.
- eatbitseveryday 8y ago
  https://en.m.wikipedia.org/wiki/Microsoft_Corp_v_Commission https://en.m.wikipedia.org/wiki/Microsoft_Corp_v_Commission
  - jhall1468 8y ago
    That's not an example of what I asked for. Microsoft had offices in the EU when this case started, which made them an EU company for all intents and purposes.
- krageon 8y ago
  When did I mention case law? Shouldn't you be asking me for proof of the accords I mentioned, which is what I'm actually talking about?
  - jhall1468 8y ago
    I asked for case law because that would give me evidence that this actually happened. That's because it can't happen. That's because you're dead wrong: https://community.spiceworks.com/topic/2007530-how-the-eu-can-fine-us-companies-for-violating-gdpr https://community.spiceworks.com/topic/2007530-how-the-eu-ca... "While we don’t yet have U.S.-EU negotiated civil enforcement mechanisms for the GDPR (and it is unknown whether we ever will), there is still the application of international law and potential cooperation agreements between U.S. and EU law enforcement agencies, which have been increasing in recent years." That's politician for "We have absolutely no recourse if the company doesn't have an established business in the EU." EDIT: That's a nice article. It goes to explain that if a company has no presence in the EU, it has to identify an agent in the EU to act on its behalf. So any company can simply NOT do this if they never intend to have EU offices and the EU has no recourse.
  - mbesto 8y ago
    So where is the evidence of the accords? How will they enforce it?
    - jhall1468 8y ago
      You won't get a response. There aren't any accords and there's no way to enforce it. It's empty threats.
- Xylakant 8y ago
  https://en.wikipedia.org/wiki/Microsoft_Corp_v_Commission https://en.wikipedia.org/wiki/Microsoft_Corp_v_Commission
  - jhall1468 8y ago
    That's not an example of what I asked for. Microsoft had offices in the EU when this case started, which made them an EU company for all intents and purposes.
- my123 8y ago
  Microsoft for antitrust violations more than once is just an example, but that's the EU itself.
  - jhall1468 8y ago
    Just like the other two people that brought up the same thing: Microsoft had a presence in the EU long before the antitrust violations came. I'm talking about a US company that has no presence in the EU. That's a harder example largely because it doesn't exist.
ryanwaggoner 8y ago
Bullshit. Please tell me how the EU has any possible way to enforce this law in the courts against some small business in the US that has no EU presence but many EU customers. There is zero chance that US courts are going to let this small business be fined by the EU for violating an EU only law. Their absolute best option would be to attack global platforms that small businesses rely on to get the platforms to enforce compliance or blacklist those small companies. This is especially potent for Visa and MasterCard. I doubt that will ultimately work though.
- chimeracoder 8y ago
  > Their absolute best option would be to attack global platforms that small businesses rely on to get the platforms to enforce compliance or blacklist those small companies. This is especially potent for Visa and MasterCard. I doubt that will ultimately work though. Actually, that part is the most plausible way that companies outside the EU with no EU presence could be forced to to comply the the GDPR.
  - ryanwaggoner 8y ago
    Agreed that it’s most plausible, but still not very. I don’t think the US is going to stand for letting the EU squeeze these companies to enforce their laws on every small business with a website in the US.

jhall1468 8y ago

Show me case law where an EU government fined a US company and how they enforced payment of that fine.

eatbitseveryday 8y ago
https://en.m.wikipedia.org/wiki/Microsoft_Corp_v_Commission https://en.m.wikipedia.org/wiki/Microsoft_Corp_v_Commission
- jhall1468 8y ago
  That's not an example of what I asked for. Microsoft had offices in the EU when this case started, which made them an EU company for all intents and purposes.
krageon 8y ago
When did I mention case law? Shouldn't you be asking me for proof of the accords I mentioned, which is what I'm actually talking about?
- jhall1468 8y ago
  I asked for case law because that would give me evidence that this actually happened. That's because it can't happen. That's because you're dead wrong: https://community.spiceworks.com/topic/2007530-how-the-eu-can-fine-us-companies-for-violating-gdpr https://community.spiceworks.com/topic/2007530-how-the-eu-ca... "While we don’t yet have U.S.-EU negotiated civil enforcement mechanisms for the GDPR (and it is unknown whether we ever will), there is still the application of international law and potential cooperation agreements between U.S. and EU law enforcement agencies, which have been increasing in recent years." That's politician for "We have absolutely no recourse if the company doesn't have an established business in the EU." EDIT: That's a nice article. It goes to explain that if a company has no presence in the EU, it has to identify an agent in the EU to act on its behalf. So any company can simply NOT do this if they never intend to have EU offices and the EU has no recourse.
- mbesto 8y ago
  So where is the evidence of the accords? How will they enforce it?
  - jhall1468 8y ago
    You won't get a response. There aren't any accords and there's no way to enforce it. It's empty threats.
Xylakant 8y ago
https://en.wikipedia.org/wiki/Microsoft_Corp_v_Commission https://en.wikipedia.org/wiki/Microsoft_Corp_v_Commission
- jhall1468 8y ago
  That's not an example of what I asked for. Microsoft had offices in the EU when this case started, which made them an EU company for all intents and purposes.
my123 8y ago
Microsoft for antitrust violations more than once is just an example, but that's the EU itself.
- jhall1468 8y ago
  Just like the other two people that brought up the same thing: Microsoft had a presence in the EU long before the antitrust violations came. I'm talking about a US company that has no presence in the EU. That's a harder example largely because it doesn't exist.

ryanwaggoner 8y ago

Bullshit. Please tell me how the EU has any possible way to enforce this law in the courts against some small business in the US that has no EU presence but many EU customers. There is zero chance that US courts are going to let this small business be fined by the EU for violating an EU only law. Their absolute best option would be to attack global platforms that small businesses rely on to get the platforms to enforce compliance or blacklist those small companies. This is especially potent for Visa and MasterCard. I doubt that will ultimately work though.

chimeracoder 8y ago
> Their absolute best option would be to attack global platforms that small businesses rely on to get the platforms to enforce compliance or blacklist those small companies. This is especially potent for Visa and MasterCard. I doubt that will ultimately work though. Actually, that part is the most plausible way that companies outside the EU with no EU presence could be forced to to comply the the GDPR.
- ryanwaggoner 8y ago
  Agreed that it’s most plausible, but still not very. I don’t think the US is going to stand for letting the EU squeeze these companies to enforce their laws on every small business with a website in the US.