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I am no expert, but I highly doubt it is really that simple, especially if the webmasters are particularly risk-averse. And why wouldn’t they be, if Europe is

by baddox 8y ago

I am no expert, but I highly doubt it is really that simple, especially if the webmasters are particularly risk-averse. And why wouldn’t they be, if Europe is a relatively small portion of their user base? Why pay for an hour of a lawyer’s time, or even an hour of an employee’s time, to attempt to read and evaluate the laws?

DanBC 8y ago
It doesn't seem too complicated. Recital 23: > In order to determine whether such a controller or processor is offering goods or services to data subjects who are in the Union, it should be ascertained whether it is apparent that the controller or processor envisages offering services to data subjects in one or more Member States in the Union. 3Whereas the mere accessibility of the controller’s, processor’s or an intermediary’s website in the Union, of an email address or of other contact details, or the use of a language generally used in the third country where the controller is established, is insufficient to ascertain such intention, factors such as the use of a language or a currency generally used in one or more Member States with the possibility of ordering goods and services in that other language, or the mentioning of customers or users who are in the Union, may make it apparent that the controller envisages offering goods or services to data subjects in the Union. If this local newspaper isn't offering translations in French or German, and isn't offering subscriptions in Euro or GBP, then they're not ofering services to Europe.
- baddox 8y ago
  I didn’t mean to imply that the complicated part is determining whether the service is being offered in Europe. This website is apparently already determining who they consider to be would-be European customers. They’re just choosing to serve an error page, rather than serve a law-abiding version of their service.

by baddox 8y ago

DanBC 8y ago

It doesn't seem too complicated. Recital 23: > In order to determine whether such a controller or processor is offering goods or services to data subjects who are in the Union, it should be ascertained whether it is apparent that the controller or processor envisages offering services to data subjects in one or more Member States in the Union. 3Whereas the mere accessibility of the controller’s, processor’s or an intermediary’s website in the Union, of an email address or of other contact details, or the use of a language generally used in the third country where the controller is established, is insufficient to ascertain such intention, factors such as the use of a language or a currency generally used in one or more Member States with the possibility of ordering goods and services in that other language, or the mentioning of customers or users who are in the Union, may make it apparent that the controller envisages offering goods or services to data subjects in the Union. If this local newspaper isn't offering translations in French or German, and isn't offering subscriptions in Euro or GBP, then they're not ofering services to Europe.

baddox 8y ago
I didn’t mean to imply that the complicated part is determining whether the service is being offered in Europe. This website is apparently already determining who they consider to be would-be European customers. They’re just choosing to serve an error page, rather than serve a law-abiding version of their service.