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If they aren't an EU website, GDPR effectively doesn't apply. EU can word the law however they want but at least in the US without a treaty to enforce such a la
by joecool1029 5y ago
If they aren't an EU website, GDPR effectively doesn't apply. EU can word the law however they want but at least in the US without a treaty to enforce such a law, it lacks the force of law here. Europeans have an extremely hard time understanding this and I'm not quite sure why. I see this assertion again and again across the web.
- kstrauser 5y agoI've seen that too. I'm in the US, and not subject to the GDPR. I like the GDPR and totally approve of its goals. As a Californian, I'm glad we have the CCPA which is similar to it. I say this, then, as someone who supports the GDPR and appreciates it: I'm still not subject to it because I'm not inside its jurisdiction. Similarly, I'm certain I've broken laws in other jurisdictions, such as by criticizing fragile-egoed governments who make that illegal. Doesn't matter, they don't apply to me either.
- Beldin 5y agoSlightly more nuanced: you do not foresee (and have no intention of) being anywhere where the laws you broke hold sway. There are laws that apply to anyone anywhere*; if you never have to worry about the consequences of breaking a law, you could choose to ignore it. * Belgium has one on warcrimes if memory serves; the GDPR might also apply to anyone handling an EU citizen's data (but IANAL).
- tremon 5y agoThis is a bit pedantic, but I'll make my point anyway: whether a law can apply to you is orthogonal to whether it can be enforced on you. The GDPR is very clear about its application, and it is explicitly extraterritorial [1]. Of course, it does have secondary provisions about company size and non-commercial activity (mainly recitals [13] and [18]) which limits its applicability, but from a legal definition point of view, "I don't live in the EU so the GDPR does not apply to me" is too simplistic. [1] https://gdpr-info.eu/art-3-gdpr/ https://gdpr-info.eu/art-3-gdpr/ [13] https://gdpr-info.eu/recitals/no-13/ https://gdpr-info.eu/recitals/no-13/ [18] https://gdpr-info.eu/recitals/no-18/ https://gdpr-info.eu/recitals/no-18/
- sergiotapia 5y agoTrinidad and Tobago might as well threaten the world as well with some weird clause. Fact is that EU GDPR has zero application here in the states.