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You don't have to convince me that the US tramples on the sovereign rights of other countries just because it can. The tax situation is a good example. Histori
by ryanwaggoner 8y ago
You don't have to convince me that the US tramples on the sovereign rights of other countries just because it can.
The tax situation is a good example. Historically, sales tax has not been able to be levied by states against companies just because they have customers in that state. They have to have physical "nexus" in that state as well. There are a number of states trying to do an end run around that right now with "economic nexus", which will probably end up in the Supreme Court at some point.
Many countries try to say that VAT is due, but their ability to enforce is pretty limited. If you run a small business online and you WANT to pay attention to every single global tax jurisdiction and send them whatever tax they say is due, go for it. But if you don't, the practical reality is that there's nothing they can currently do about it.
I do agree that these issues are complicated and that the Internet has thrown a monkey wrench in a LOT of legal precedent in ways that will need to be sorted out.
I just don't think the GDPR is the right framework. Data privacy may be a human right, but so is democratic representation, and having governments all over the world pass laws that they say apply to my company is unjust.
EDIT: looks like economic nexus is being decided now: https://www.journalofaccountancy.com/news/2018/apr/supreme-court-sales-tax-nexus-case-201818800.html https://www.journalofaccountancy.com/news/2018/apr/supreme-c...
- mrtksn 8y agoLet's agree to disagree about GDPR. Anyway, it boils down to enforceability. EU is a huge entity and probably will be able to enforce the GDPR by forcing payment systems and gatekeepers like Google and Apple that legally operate in the EU not to do business with businesses that do not respect GDPR. Maybe it will be a bargaining point in some trade talks between other countries and the EU and EU will insist that the countries will help with the enforcement of the GDPR in exchange for something that other countries want from the EU. As long as we don't live in some kind of libertarian anarchy world order, these things will be determined by the politicians.