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> The law applies to any service targeted at EU citizens. It does not apply to services that any EU citizen happens to be using even though they're primarily in

> The law applies to any service targeted at EU citizens. It does not apply to services that any EU citizen happens to be using even though they're primarily intended for citizens of other countries. > A "local" Bavarian news site hosted in the US would be in scope, but a local Nebraskan news site hosted in the US wouldn't. That's a pretty optimistic interpretation of this recital. It doesn't talk about who is primarily being targeted, but the mere intent (or possibility) of "offering goods or services to data subjects in the Union". If all local EU news websites are covered because they're offering a service just by being a news website, then it follows that US sites are offering a service too. The only remaining part is to prove intent. Most of these local US sites blocking the EU are operated by big players like MNI targeted media and Chicago Tribune publishing. Even 1% of the traffic being from the EU would be a big number. Conversely, if this would indeed exempt them from GDPR, then are all general purpose US news sites not specifically targeting the EU exempt too? Or let's go further, if I have a social media site and 99% of my users are Americans talking about US-related stuff, am I exempt too even if I let EU citizens register and participate?

yorwba 6y ago
> If all local EU news websites are covered because they're offering a service just by being a news website, then it follows that US sites are offering a service too. The only remaining part is to prove intent. They aren't because ... the mere accessibility of the ... website in the Union ... is insufficient to ascertain such intention Local EU websites are covered by virtue of being EU websites, not because they're accessible in the EU. > Conversely, if this would indeed exempt them from GDPR, then are all general purpose US news sites not specifically targeting the EU exempt too? Yes. > if I have a social media site and 99% of my users are Americans talking about US-related stuff, am I exempt too even if I let EU citizens register and participate? Yes, unless you're targeting EU citizens by e.g. offering interface localization in EU languages or setting growth targets for the European market in statements to your investors etc.
- auganov 6y ago
  > ... the mere accessibility of the ... website in the Union ... is insufficient to ascertain such intention > Local EU websites are covered by virtue of being EU websites, not because they're accessible in the EU. None of this talks about nature of the content. None of this talks about how few EU users you have. It clearly talks about providing goods or services to EU citizens with some degree of intent[0]. If providing news to people isn't providing a service then any news site should be exempt regardless of content and userbase. The "mere accessibility" part says it wouldn't be enough to prove your intention to provide goods or services to EU citizens. If you're a local bakery that only sells locally it's pretty clearly you're safe. The information on your website is not the service you're providing. And it would be very hard to argue you're somehow benefiting from or expecting EU visitors. [0] and the "envisages offering" language is arguably an even lesser standard than the also mentioned "intention"

yorwba 6y ago

> If all local EU news websites are covered because they're offering a service just by being a news website, then it follows that US sites are offering a service too. The only remaining part is to prove intent. They aren't because ... the mere accessibility of the ... website in the Union ... is insufficient to ascertain such intention Local EU websites are covered by virtue of being EU websites, not because they're accessible in the EU. > Conversely, if this would indeed exempt them from GDPR, then are all general purpose US news sites not specifically targeting the EU exempt too? Yes. > if I have a social media site and 99% of my users are Americans talking about US-related stuff, am I exempt too even if I let EU citizens register and participate? Yes, unless you're targeting EU citizens by e.g. offering interface localization in EU languages or setting growth targets for the European market in statements to your investors etc.

auganov 6y ago
> ... the mere accessibility of the ... website in the Union ... is insufficient to ascertain such intention > Local EU websites are covered by virtue of being EU websites, not because they're accessible in the EU. None of this talks about nature of the content. None of this talks about how few EU users you have. It clearly talks about providing goods or services to EU citizens with some degree of intent[0]. If providing news to people isn't providing a service then any news site should be exempt regardless of content and userbase. The "mere accessibility" part says it wouldn't be enough to prove your intention to provide goods or services to EU citizens. If you're a local bakery that only sells locally it's pretty clearly you're safe. The information on your website is not the service you're providing. And it would be very hard to argue you're somehow benefiting from or expecting EU visitors. [0] and the "envisages offering" language is arguably an even lesser standard than the also mentioned "intention"