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Article 50 is not very specific. For enforcement to have teeth outside their jurisdiction don't they either need assets or revenue streams in the EU which can
by rkagerer 5y ago
Article 50 is not very specific.
For enforcement to have teeth outside their jurisdiction don't they either need assets or revenue streams in the EU which can be confiscated/leveraged, or else good old fashioned extradition treaties?
And don't the latter typically require said crime to be illegal in both jurisdictions?
- rkagerer 5y agoHere are some musings on the subject from https://www.lepide.com/blog/is-gdpr-enforceable-in-practice-outside-of-the-eu/ https://www.lepide.com/blog/is-gdpr-enforceable-in-practice-... "In theory it could be that the EDPB could place embargoes, on sales of Acme Cola’s products within Europe, but if Acme Cola has a strong voice in the Senate, or indeed in Washington, would the US authorities play ball and encourage them to pay the fines, or would they be lobbied and fall on the side of Acme Cola to say no, we do not accept that US companies should have to adhere to someone else’s law?" And here's a potential test case unfolding: https://iapp.org/news/a/does-the-recent-fine-for-a-canadian-website-without-an-eu-representative-signal-a-change-in-gdpr-enforcement-priorities/ https://iapp.org/news/a/does-the-recent-fine-for-a-canadian-...
- BeFlatXIII 5y agoSenators may agree with Acme Cola even without lobbying simply to flex national sovereignty (especially if they have a large America First demographic in their state and it's re-election year). "Your law = your enforcement problem"
- remus 5y agoI don't think the theory is really so complicated. If you want to provide products or services within a country then you need to abide by the laws of that country, if you don't then the legal system of that country has various measures to make doing business in that country prohibitive. At a basic level you could imagine court ordered DNS blocking by ISPs (as is done for the pirate bay in many places), or if you were really naughty then extradition, arrests of key individuals in your org if they try and travel etc.
- the_gipsy 5y agoMost likely though, the foreign company will we operating in some way in the EU country. Even if indirectly, e.g. through PayPal or stripe, the country can probably intervene some billing.