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US laws apply to everyone because US laws are extraterritorial in nature: https://en.wikipedia.org/wiki/Extraterritorial_jurisdiction https://en.wikipedia.org/w
by greatpatton 7y ago
US laws apply to everyone because US laws are extraterritorial in nature: https://en.wikipedia.org/wiki/Extraterritorial_jurisdiction https://en.wikipedia.org/wiki/Extraterritorial_jurisdiction
- Zak 7y agoThe EU is trying to assert extraterritorial jurisdiction as well with the GDPR and its like. If all countries start doing this sort of thing with any degree of success, international and online business as we know it won't be possible.
- DCKing 7y agoNo it doesn't. It only applies if you operate within the EU, and if you do business with (the data of) EU citizens. I'm not sure what else you can reasonably expect there.
- Zak 7y agoIf you run a website that allows arbitrary visitors to enter data, some of them will be from the EU. Some of them will also be from... let's say Iran. Should everyone who runs a website open to the public have to know the laws of Iran and obey those intended to apply to their website? Should websites have to attempt to block access to visitors from countries whose laws they either don't know or don't want to comply with? Both of those approaches break the internet as we know it.
- muraiki 7y agoIt's actually not clear that GDPR only affects EU citizens: > Here’s the issue: the law uses the term “data subject” but doesn’t define the term. Some may assume that data subjects are EU citizens, but that analysis seems to exclude the explicit language of the law and practical considerations. There’s tourism, travel, residencies, students abroad, and much more to consider. Because GDPR uses inconsistent qualifiers when referring to data subjects and informal descriptions of who a data subject is, the public has been left with varying interpretations and significant challenges. [1] In some interpretations, a US citizen who is traveling in the EU and orders something from a US company would be considered a data subject, and the company they ordered from would need to comply with the GDPR. So how would that be enforced? Either through treaties or by requiring non-EU companies to establish a representative entity in an EU member state. [2] [1] https://kirkpatrickprice.com/blog/what-is-gdpr-personal-data-and-who-is-a-gdpr-data-subject/ https://kirkpatrickprice.com/blog/what-is-gdpr-personal-data... [2] https://politics.stackexchange.com/a/30513 https://politics.stackexchange.com/a/30513
- zhte415 7y agoEU residents, not EU citizens. An EU citizen resident outside the EU falls outside GDPR, while a non-EU citizen resident in EU falls within.