4 ms·

Blocking EU visitors doesn't actually make you GDPR compliant.

labster 8y ago
You would additionally have to ensure that you use no servers in the EU.
sidibe 8y ago
If they were GDPR compliant they wouldn't block EU visitors. Blocking EU visitors does make GDPR not apply to you. There is no way if you are making a serious effort not to serve EU residents that they could enforce it on you
- icelion 8y ago
  To block EU visitors, one probably uses IP geolocalisation. IP address is considered a personnal data (in the EU at least). The fun part is, forbidding access to a website according to IP geolocalisation might probably fall under GDPR law for automatic decision processing. So, either you block access to your website using non-personnal data, or you probably actually are non-compliant with GDPR.
therealmarv 8y ago
That's not the goal of this link.
RobertRoberts 8y ago
I am not compliant with Chinese, British or German anti-free speech laws either. Why should anyone feel threatened by a foreign government's internal laws? The US is a sovereign nation (as are almost all others) and EU laws do not apply here.
- messe 8y ago
  They certainly apply if you wish to do business in the EU.
  - RobertRoberts 8y ago
    Isn't that the crux of the matter? The GDPR _explicitly_ states that it's irrelevant if you want to do business there or not. It claims global authority over all nations and businesses that interact with it's "citizens", NOT "do business in the EU". This is an unprecedented legal overreach. Just because we want the hammer brought down on the FB/Google beast, doesn't mean we should chop off our own hands to accomplish it.
    - DanBC 8y ago
      > This Regulation applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union, regardless of whether the processing takes place in the Union or not. This one doesn't apply, because the controller or processor is outside the union. > 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: > 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 one does apply, and look, it mentions services, but also... > the monitoring of their behaviour as far as their behaviour takes place within the Union. ...this applies too. You're monitoring the behaviour of EU citizens; those people have protections.
      - RobertRoberts 8y ago
        Let's compare this idea. I should be able to sell verboten art in Germany because I am an American citizen, and it's legal to do so here (but not there), so I "have protections" by my laws in the US? Or am I misunderstanding how you are justifying the GDPR?
        candiodari 8y ago
        And Germany is free to stop that merchandise at the border, and then burns it. They only very, very rarely do so, but when they do, they will go after the customer that bought it. Same thing when it became clear 2 years ago that sending large amounts of opiates through the mail into Germany is not actually a problem. So theoretically, you are allowed to sell that art, because those laws don't apply to you. In theory it should be stopped at the border, and your customer may get arrested for buying it. In practice, you are allowed to sell that art, and nothing is stopping you. Needless to say, Germany is crying foul ! We make rules, and don't enforce them, and others don't automatically enforce them for us ! Evil capitalist data-selling election-stealing swine !

You would additionally have to ensure that you use no servers in the EU.

If they were GDPR compliant they wouldn't block EU visitors. Blocking EU visitors does make GDPR not apply to you. There is no way if you are making a serious effort not to serve EU residents that they could enforce it on you

icelion 8y ago
To block EU visitors, one probably uses IP geolocalisation. IP address is considered a personnal data (in the EU at least). The fun part is, forbidding access to a website according to IP geolocalisation might probably fall under GDPR law for automatic decision processing. So, either you block access to your website using non-personnal data, or you probably actually are non-compliant with GDPR.

therealmarv 8y ago

That's not the goal of this link.

RobertRoberts 8y ago

I am not compliant with Chinese, British or German anti-free speech laws either. Why should anyone feel threatened by a foreign government's internal laws? The US is a sovereign nation (as are almost all others) and EU laws do not apply here.

messe 8y ago
They certainly apply if you wish to do business in the EU.
- RobertRoberts 8y ago
  Isn't that the crux of the matter? The GDPR _explicitly_ states that it's irrelevant if you want to do business there or not. It claims global authority over all nations and businesses that interact with it's "citizens", NOT "do business in the EU". This is an unprecedented legal overreach. Just because we want the hammer brought down on the FB/Google beast, doesn't mean we should chop off our own hands to accomplish it.
  - DanBC 8y ago
    > This Regulation applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union, regardless of whether the processing takes place in the Union or not. This one doesn't apply, because the controller or processor is outside the union. > 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: > 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 one does apply, and look, it mentions services, but also... > the monitoring of their behaviour as far as their behaviour takes place within the Union. ...this applies too. You're monitoring the behaviour of EU citizens; those people have protections.
    - RobertRoberts 8y ago
      Let's compare this idea. I should be able to sell verboten art in Germany because I am an American citizen, and it's legal to do so here (but not there), so I "have protections" by my laws in the US? Or am I misunderstanding how you are justifying the GDPR?
      - candiodari 8y ago
        And Germany is free to stop that merchandise at the border, and then burns it. They only very, very rarely do so, but when they do, they will go after the customer that bought it. Same thing when it became clear 2 years ago that sending large amounts of opiates through the mail into Germany is not actually a problem. So theoretically, you are allowed to sell that art, because those laws don't apply to you. In theory it should be stopped at the border, and your customer may get arrested for buying it. In practice, you are allowed to sell that art, and nothing is stopping you. Needless to say, Germany is crying foul ! We make rules, and don't enforce them, and others don't automatically enforce them for us ! Evil capitalist data-selling election-stealing swine !