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I'm sure it matters to you, but as a rule it doesn't apply to you if you reside outside the EEA. It applies to "an enterprise established in the EEA or—regardl

I'm sure it matters to you, but as a rule it doesn't apply to you if you reside outside the EEA. It applies to "an enterprise established in the EEA or—regardless of its location and the data subjects' citizenship—that is processing the personal information of data subjects inside the EEA" (emphasis mine, text from Wikipedia)

pmontra 8y ago
This is the actual text of Article 3 of the Directive. Check point 2. It applies to (for example) an e-commerce in the USA if selling to somebody in the EU or to a USA company doing behavioral tracking if tracking somebody in the EU. In both cases, even if they are not EU citizens. Only the location matters. Territorial scope 1. 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. 2. 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: (a) 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 (b) the monitoring of their behaviour as far as their behaviour takes place within the Union. 3. This Regulation applies to the processing of personal data by a controller not established in the Union, but in a place where Member State law applies by virtue of public international law.
- beefhash 8y ago
  Sure, they're trying to broaden the scope as far as they can. But is it enforceable outside the EEA? I'd love to see a U.S. court do anything but throw out a GDPR case or a European court's ruling based on the GDPR.
  - DanBC 8y ago
    Why do you think the EU would use US courts to enforce EU law? The EU would use EU courts to enforce EU law. This might mean that non-compliant websites are blocked, via court orders to ISPS, in the EU. This already happens with some piracy sites. The blocking is inconsistant and easily circimvented.
TomK32 8y ago
US citizens fall under US tax law no matter where they are on this planet. Also, thanks for France, the sun never sets in the EU.

pmontra 8y ago

This is the actual text of Article 3 of the Directive. Check point 2. It applies to (for example) an e-commerce in the USA if selling to somebody in the EU or to a USA company doing behavioral tracking if tracking somebody in the EU. In both cases, even if they are not EU citizens. Only the location matters. Territorial scope 1. 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. 2. 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: (a) 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 (b) the monitoring of their behaviour as far as their behaviour takes place within the Union. 3. This Regulation applies to the processing of personal data by a controller not established in the Union, but in a place where Member State law applies by virtue of public international law.

beefhash 8y ago
Sure, they're trying to broaden the scope as far as they can. But is it enforceable outside the EEA? I'd love to see a U.S. court do anything but throw out a GDPR case or a European court's ruling based on the GDPR.
- DanBC 8y ago
  Why do you think the EU would use US courts to enforce EU law? The EU would use EU courts to enforce EU law. This might mean that non-compliant websites are blocked, via court orders to ISPS, in the EU. This already happens with some piracy sites. The blocking is inconsistant and easily circimvented.

TomK32 8y ago

US citizens fall under US tax law no matter where they are on this planet. Also, thanks for France, the sun never sets in the EU.