3 ms·

> A lot of people have the misconception that the EU cookie law applies to all cookies, but as the blog post correctly points out, that just isn't the case. A

by Alupis 6y ago

> A lot of people have the misconception that the EU cookie law applies to all cookies, but as the blog post correctly points out, that just isn't the case. A lot of people also have the misconception that the EU cookie law applies to them, even if they are not in the EU and have no EU physical presence.

whiddershins 6y ago
Wait, is that true? You need to have a physical presence in the EU? If so, why did everyone scramble to meet the requirements. Was it a scam?
- Strom 6y ago
  It's not about physical presence. It's about whether the EU could do something to punish you. For every big company that is true. For example the EU can force Visa/MasterCard to stop doing business with you. If you're small enough, then the EU won't bother doing anything. If you don't even depend on any 3rd party that is vulnerable to EU will then you can fully ignore everything. That can be tricky to achieve though. No common money transfer methods and you must be self-hosting. Also, all of this isn't new. The US has been enforcing its will globally in a similar fashion for a long time.
- jeroenhd 6y ago
  People get scared of lawsuits, especially if they're from a very litigious country like the EU. Companies lobbied against the law hard, spreading the idea that any visitor of your website could sue you for millions because you sent a cookie header. Reality is much less scary for most decent people. Technically, the law applies to everyone worldwide, regardless of location. However, if you have no business in the EU and don't plan to expand your current business operations to the EU, you don't need to worry. Hell, if you don't meet the requirements, the relevant enforcement departments generally give you plenty time to implement the necessary requirements or block access if you're a dick. The exception, of course, is data brokers and huge companies like Facebook or Google where the impact is much larger. The GDPR doesn't expose you to lawsuits from anyone but the privacy monitoring instances of EU member states. The average American blog or news site isn't nearly large enough for any government instance to start a lawsuit. You can also ask yourself: so what if they fine my company a €10.000. They're not going to send a team of special forces over the Atlantic or through Russia just to extract the cash from you. You only need to pay the fine if your company ever needs to do business in the EU. If your company structure makes your personally liable, this also impacts your future holiday destination decisions, but you can live perfectly fine without seeing the Eiffel tower. A lot of very similar laws are also being passed in California right now, which will probably be a lot more dangerous than any GDPR restriction, but if you follow the GDPR you're pretty much set to protect yourself from Californian lawsuits as well. Most of the GDPR is just "don't be a dick with people's data". If the fear of not meeting requirements stops the free-for-all data exchange market, then I'm perfectly fine with that.
deleted 6y ago
[deleted]
jeroenhd 6y ago
The GDPR applies to anyone anywhere processing personal information (such as IP addresses) of people inside the EU (both EU and non-EU residents). That doesn't mean that you're necessarily at risk of any lawsuits or effective action, but what you're stating is wrong. Physical presence has nothing to do with it.
- Alupis 6y ago
  As a corporation, of any size, you are not beholden to laws made in other countries, unless you do business in that country or have a presence of some kind in that country. With exception of large, international organizations, that doesn't apply to nearly all business outside the EU.
- astura 6y ago
  No, it absolutely does not "[apply] to anyone anywhere processing personal information of people inside the EU." I don't know why people keep saying this, I have no idea where this misconception came from. https://ec.europa.eu/info/law/law-topic/data-protection/reform/rules-business-and-organisations/application-regulation/who-does-data-protection-law-apply_en https://ec.europa.eu/info/law/law-topic/data-protection/refo... >When the regulation does not apply >Your company is service provider based outside the EU. It provides services to customers outside the EU. Its clients can use its services when they travel to other countries, including within the EU. Provided your company doesn't specifically target its services at individuals in the EU, it is not subject to the rules of the GDPR.
  - M2Ys4U 6y ago
    Recital 23 of the GDPR provides some more information about when an organisation would be considered as targeting users in the EU: "In order to ensure that natural persons are not deprived of the protection to which they are entitled under this Regulation, the processing of personal data of data subjects who are in the Union by a controller or a processor not established in the Union should be subject to this Regulation where the processing activities are related to offering goods or services to such data subjects irrespective of whether connected to a payment. 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. Whereas 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."

by Alupis 6y ago

whiddershins 6y ago

Wait, is that true? You need to have a physical presence in the EU? If so, why did everyone scramble to meet the requirements. Was it a scam?

Strom 6y ago
It's not about physical presence. It's about whether the EU could do something to punish you. For every big company that is true. For example the EU can force Visa/MasterCard to stop doing business with you. If you're small enough, then the EU won't bother doing anything. If you don't even depend on any 3rd party that is vulnerable to EU will then you can fully ignore everything. That can be tricky to achieve though. No common money transfer methods and you must be self-hosting. Also, all of this isn't new. The US has been enforcing its will globally in a similar fashion for a long time.
jeroenhd 6y ago
People get scared of lawsuits, especially if they're from a very litigious country like the EU. Companies lobbied against the law hard, spreading the idea that any visitor of your website could sue you for millions because you sent a cookie header. Reality is much less scary for most decent people. Technically, the law applies to everyone worldwide, regardless of location. However, if you have no business in the EU and don't plan to expand your current business operations to the EU, you don't need to worry. Hell, if you don't meet the requirements, the relevant enforcement departments generally give you plenty time to implement the necessary requirements or block access if you're a dick. The exception, of course, is data brokers and huge companies like Facebook or Google where the impact is much larger. The GDPR doesn't expose you to lawsuits from anyone but the privacy monitoring instances of EU member states. The average American blog or news site isn't nearly large enough for any government instance to start a lawsuit. You can also ask yourself: so what if they fine my company a €10.000. They're not going to send a team of special forces over the Atlantic or through Russia just to extract the cash from you. You only need to pay the fine if your company ever needs to do business in the EU. If your company structure makes your personally liable, this also impacts your future holiday destination decisions, but you can live perfectly fine without seeing the Eiffel tower. A lot of very similar laws are also being passed in California right now, which will probably be a lot more dangerous than any GDPR restriction, but if you follow the GDPR you're pretty much set to protect yourself from Californian lawsuits as well. Most of the GDPR is just "don't be a dick with people's data". If the fear of not meeting requirements stops the free-for-all data exchange market, then I'm perfectly fine with that.

deleted 6y ago

[deleted]

jeroenhd 6y ago

The GDPR applies to anyone anywhere processing personal information (such as IP addresses) of people inside the EU (both EU and non-EU residents). That doesn't mean that you're necessarily at risk of any lawsuits or effective action, but what you're stating is wrong. Physical presence has nothing to do with it.

Alupis 6y ago
As a corporation, of any size, you are not beholden to laws made in other countries, unless you do business in that country or have a presence of some kind in that country. With exception of large, international organizations, that doesn't apply to nearly all business outside the EU.
astura 6y ago
No, it absolutely does not "[apply] to anyone anywhere processing personal information of people inside the EU." I don't know why people keep saying this, I have no idea where this misconception came from. https://ec.europa.eu/info/law/law-topic/data-protection/reform/rules-business-and-organisations/application-regulation/who-does-data-protection-law-apply_en https://ec.europa.eu/info/law/law-topic/data-protection/refo... >When the regulation does not apply >Your company is service provider based outside the EU. It provides services to customers outside the EU. Its clients can use its services when they travel to other countries, including within the EU. Provided your company doesn't specifically target its services at individuals in the EU, it is not subject to the rules of the GDPR.
- M2Ys4U 6y ago
  Recital 23 of the GDPR provides some more information about when an organisation would be considered as targeting users in the EU: "In order to ensure that natural persons are not deprived of the protection to which they are entitled under this Regulation, the processing of personal data of data subjects who are in the Union by a controller or a processor not established in the Union should be subject to this Regulation where the processing activities are related to offering goods or services to such data subjects irrespective of whether connected to a payment. 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. Whereas 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."