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I think we mostly agree, especially when you bring China into it. However, isn't the idea of forfeiting the personal jurisdiction defense? I am not a lawyer, b

I think we mostly agree, especially when you bring China into it. However, isn't the idea of forfeiting the personal jurisdiction defense? I am not a lawyer, but from what I understand, once you start debating the merits of the case, you waive the ability to claim that the court doesn't have jurisdiction. It seems like there's a bit of a chance of that here - once you admit the EU or Chinese legal system is the appropriate place to redress things, you've given up lack of jurisdiction as a defense.

zaarn 8y ago
A GDPR Deletion Request is not a court case, it's a non-formal notification that you want someone to delete data about you. If someone follows that request and if the EU has jurisdiction are orthogonal issues; plenty of services offered deletion before the GDPR. The question of jurisdiction will come up if you ignore requests or otherwise violate the GDPR and a national agency that is responsible for handling violations contacts you. In which case you can still choose to ignore them, if you're not on EU soil, then it's up to the extradition or similar laws on what happens; the agency will likely file a court case (or you file), then the court will handle out the details with your national legal system; in most cases this means nationalizing any punishment. Ie, the court case will be handled and if you don't show up after being invited, will be ruled upon in your absence. Then the fine will be forwarded to your country where the courts in your country with your countries jursdiction will then collect it, probably take a fee and then forward the remainder back to the EU. An alternative outcome would be that the entire court case is moved into your country. Either way, complying to GDPR-related requests doesn't mean admitting jurisdiction of the EU; disagreeing the responsible government agencies involved is a good way to test if those have jurisdiction.

zaarn 8y ago

A GDPR Deletion Request is not a court case, it's a non-formal notification that you want someone to delete data about you. If someone follows that request and if the EU has jurisdiction are orthogonal issues; plenty of services offered deletion before the GDPR. The question of jurisdiction will come up if you ignore requests or otherwise violate the GDPR and a national agency that is responsible for handling violations contacts you. In which case you can still choose to ignore them, if you're not on EU soil, then it's up to the extradition or similar laws on what happens; the agency will likely file a court case (or you file), then the court will handle out the details with your national legal system; in most cases this means nationalizing any punishment. Ie, the court case will be handled and if you don't show up after being invited, will be ruled upon in your absence. Then the fine will be forwarded to your country where the courts in your country with your countries jursdiction will then collect it, probably take a fee and then forward the remainder back to the EU. An alternative outcome would be that the entire court case is moved into your country. Either way, complying to GDPR-related requests doesn't mean admitting jurisdiction of the EU; disagreeing the responsible government agencies involved is a good way to test if those have jurisdiction.