5 ms·

I would love to see this fought in court for my local neighborhood restaurant. No way would a US court hold that GDPR has any standing.

by MR4D 5y ago

tobylane 5y ago
I'm sure they wouldn't, as it's not a US law. But a local company may be small enough not to have to bother, just as they don't have to provide certain US law based employer benefits. > The second exception is for organizations with fewer than 250 employees. Small- and medium-sized enterprises (SMEs) are not totally exempt from the GDPR, but the regulation does free them from record-keeping obligations in most cases (see Article 30.5).
- MR4D 5y ago
  I’d add to that Lawyers, Engineers, Financial Advisors, and many other roles that are licensed by territory. Regardless of what the GDPR says.
bryanrasmussen 5y ago
I don't actually see any way that your local neighborhood restaurant, assuming your local neighborhood is not in the EU, will in any way be covered by the GDPR. It will for the first be too small to require much record keeping. Second, it is unlikely to be keeping any personally identifying information from someone using the site while in the EU because nobody is ordering food from a pizza place in NYC while sitting in Napoli. IP address is sometimes PII but more often not. Thirdly, as your local restaurant does not have any business operations in the EU any potential fines levied against them would probably be unenforceable. Those are just the top three things that spring to my mind though, pretty sure that there are other reasons the worry is nonsensical.
- itake 5y ago
  OP's site seems to focus on where servers are hosted, not about how or what data is stored or whether or not violations are enforceable. A European could order delivery in the USA for a friend. The business (website) would happily accept money for this.
  - bryanrasmussen 5y ago
    theoretically this situation could arise, in practice c'mon. I have friends in the U.S but I'm not ordering any delivery for them unless I'm there.
    - MR4D 5y ago
      A friend did that with flowers for my wife's birthday during 1st year of Covid (although the person was from the UK, not the EU proper).
      - bryanrasmussen 5y ago
        Every time I have ever bought flowers internationally it has been through some big international floral delivery company that handles the actual contact to the local florist, hence I do not believe that any of the florists that actually delivered the flowers to their recipient was in possession of any personal information. Thus a small florist does not operate the same way as a small local restaurant, the big international company with my personal information however will be on the hook for it and should have processes in place to handle that.
    - itake 5y ago
      Managers in the EU could order food for their team in SF for a "lunch and learn." I don't think this is that crazy of an example in this world.
      - bryanrasmussen 5y ago
        Ok, well in that case if they did that and the restaurant decided to save the personal data longer than was necessary to fulfill their legitimate business purposes then I guess they would be under GDPR. Legitimate business purposes might be (just guessing as I am not a restaurateur)- IP addresses kept for a week until profile of website visitors report for that week made, credit card and name kept until payment received.
    - jtbayly 5y ago

I would love to see this fought in court for my local neighborhood restaurant. No way would a US court hold that GDPR has any standing.

by MR4D 5y ago

I would love to see this fought in court for my local neighborhood restaurant. No way would a US court hold that GDPR has any standing.

tobylane 5y ago

I'm sure they wouldn't, as it's not a US law. But a local company may be small enough not to have to bother, just as they don't have to provide certain US law based employer benefits. > The second exception is for organizations with fewer than 250 employees. Small- and medium-sized enterprises (SMEs) are not totally exempt from the GDPR, but the regulation does free them from record-keeping obligations in most cases (see Article 30.5).

MR4D 5y ago
I’d add to that Lawyers, Engineers, Financial Advisors, and many other roles that are licensed by territory. Regardless of what the GDPR says.

bryanrasmussen 5y ago

I don't actually see any way that your local neighborhood restaurant, assuming your local neighborhood is not in the EU, will in any way be covered by the GDPR. It will for the first be too small to require much record keeping. Second, it is unlikely to be keeping any personally identifying information from someone using the site while in the EU because nobody is ordering food from a pizza place in NYC while sitting in Napoli. IP address is sometimes PII but more often not. Thirdly, as your local restaurant does not have any business operations in the EU any potential fines levied against them would probably be unenforceable. Those are just the top three things that spring to my mind though, pretty sure that there are other reasons the worry is nonsensical.

itake 5y ago
OP's site seems to focus on where servers are hosted, not about how or what data is stored or whether or not violations are enforceable. A European could order delivery in the USA for a friend. The business (website) would happily accept money for this.
- bryanrasmussen 5y ago
  theoretically this situation could arise, in practice c'mon. I have friends in the U.S but I'm not ordering any delivery for them unless I'm there.
  - MR4D 5y ago
    A friend did that with flowers for my wife's birthday during 1st year of Covid (although the person was from the UK, not the EU proper).
    - bryanrasmussen 5y ago
      Every time I have ever bought flowers internationally it has been through some big international floral delivery company that handles the actual contact to the local florist, hence I do not believe that any of the florists that actually delivered the flowers to their recipient was in possession of any personal information. Thus a small florist does not operate the same way as a small local restaurant, the big international company with my personal information however will be on the hook for it and should have processes in place to handle that.
  - itake 5y ago
    Managers in the EU could order food for their team in SF for a "lunch and learn." I don't think this is that crazy of an example in this world.
    - bryanrasmussen 5y ago
      Ok, well in that case if they did that and the restaurant decided to save the personal data longer than was necessary to fulfill their legitimate business purposes then I guess they would be under GDPR. Legitimate business purposes might be (just guessing as I am not a restaurateur)- IP addresses kept for a week until profile of website visitors report for that week made, credit card and name kept until payment received.
  - jtbayly 5y ago