3 ms·

IANAL but as I understand it, most governments will consider something to be in their jurisdiction if the user is within their jurisdiction, even if the server

IANAL but as I understand it, most governments will consider something to be in their jurisdiction if the user is within their jurisdiction, even if the server is not. See GDPR, which applies to all EU citizens globally- even one residing in the United States using US web services.

disabled 6y ago
GDPR outside the European Union only applies to European Union based companies (headquartered in the EU). Otherwise, it is limited to internet traffic from people within the European Union. This rule was unclear in the beginning of the law implement, but there have been high court rulings clearing up the confusion. See this, for example “Google wins landmark right to be forgotten case”: https://www.bbc.com/news/technology-49808208 https://www.bbc.com/news/technology-49808208
- erik_seaberg 6y ago
  Have the EU been able to impose GDPR penalties on an org with no staff or assets and no representation in the EU?
- Jon_Lowtek 6y ago
  It is a bit more complicated: the EU considers the protection of personal data a basic human right (charta of fundamental rights article 8). As such there are cases where the EU considers itself to be the responsible authority, even if the company is not within the EU, as long as the data subject is. There are limits to that due to contract law, but there are also limits how many rights one can sign away, especially when dealing with predatory corporations. To give a less digital analogue: if you are robbed, your local police is the authority you talk to. They are not going to tell you that you need to find out who robbed you and talk to the police in their home town.
  - disabled 6y ago
    That’s a great point. Sorry I was not as inclusive as I should have been in my explanation. I am a dual US|EU citizen, but I am culturally American. I was trying to explain it from the perspective of Americans. Thank you again for the clarification.

disabled 6y ago

GDPR outside the European Union only applies to European Union based companies (headquartered in the EU). Otherwise, it is limited to internet traffic from people within the European Union. This rule was unclear in the beginning of the law implement, but there have been high court rulings clearing up the confusion. See this, for example “Google wins landmark right to be forgotten case”: https://www.bbc.com/news/technology-49808208 https://www.bbc.com/news/technology-49808208

erik_seaberg 6y ago
Have the EU been able to impose GDPR penalties on an org with no staff or assets and no representation in the EU?
Jon_Lowtek 6y ago
It is a bit more complicated: the EU considers the protection of personal data a basic human right (charta of fundamental rights article 8). As such there are cases where the EU considers itself to be the responsible authority, even if the company is not within the EU, as long as the data subject is. There are limits to that due to contract law, but there are also limits how many rights one can sign away, especially when dealing with predatory corporations. To give a less digital analogue: if you are robbed, your local police is the authority you talk to. They are not going to tell you that you need to find out who robbed you and talk to the police in their home town.
- disabled 6y ago
  That’s a great point. Sorry I was not as inclusive as I should have been in my explanation. I am a dual US|EU citizen, but I am culturally American. I was trying to explain it from the perspective of Americans. Thank you again for the clarification.