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No, these are apples and oranges. GDPR regulates what obligations a site collecting data of european users has (for example, acquiring consent). This imposed r
by missjellyfish 7y ago
No, these are apples and oranges. GDPR regulates what obligations a site collecting data of european users has (for example, acquiring consent). This imposed regulations on a direct, contractual relationship (whether the contract is implicit doesn’t matter here). Every party involved then has rights to sue if the agreed contract is violated. A US company providing service to US customers has no obligation from GDPR (but have fun making that distinction in practice)
US search warrants on the other hand basically circumvent local law. I, as an Austrian Citizen, have no way to protect myself against such warrants if I decide to put my data in, let’s say, office365, even if the physical location of my data is within Europe and the actual operation of the Servers is handled by a different, European company.
In my opinion, this is nuts. The US should have to go through the same channels for foreign police assistance as everybody else.
- throwaway744678 7y agoHow would the US enforce anything against a EU company hosting data in the EU?
- fortytw2 7y agoLikewise, I think it's somewhat silly to think that the EU will actually manage to do anything, or even successfully fine a US company with no presence abroad that just so happens to have customers in the EU, for GDPR violations. What are they even legally able to do if you, as a US company, simply refuse whatever the EU asks. Absolutely nothing is my (IANAL) bet. If you're not physically in the EU, I have a very hard time believing any US court would allow you be... extradited? Or even enforce fines from a foreign government. Then again, maybe I'm totally wrong and am just confused about how EU law can regulate those not under their jurisdiction.
- janc_ 7y agoThey could always block you from doing business with your customers (or suppliers) in the EU. Obviously it would be much easier to enforce against companies that do have some presence in the EU.
- missjellyfish 7y agoIn the case of office365, they enforce it via Microsoft. In other cases, the hosting provider. Avoiding US based companies hosting anything at scale is surprisingly difficult. I have had good expierience with Hetzner (germany-based), but all you get is cloud vps boxes and storage.
- tathougies 7y ago> In my opinion, this is nuts. The US should have to go through the same channels for foreign police assistance as everybody else. So Office365 is owned by an American company, which the US has full jurisdiction over. If you don't want to deal with American laws, then don't deal with American companies. But given that American companies basically set the standard for computing, good luck.