4 ms·

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

by 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
  It doesn't matter whether you are there or not. If you are an EU citizen, and you're in the US, and you visit a US website and make an order from that website, that website is now supposedly required to obey EU law.
  - bryanrasmussen 5y ago
    you are however incorrect https://www.hipaajournal.com/does-gdpr-apply-to-eu-citizens-living-in-the-us/ https://www.hipaajournal.com/does-gdpr-apply-to-eu-citizens-... "GDPR requires the personal data of an individual residing in an EU country to be subject to certain safeguards and their data rights and freedoms must be protected. When an individual leaves an EU country and travels to a non-EU country, they are no longer protected by GDPR." It was quite a common misconception when GDPR was first being formalized that it would apply to EU citizens physically located outside of the EU, indeed if you go back about 6 years you would probably find me making the same incorrect argument on HN.
    - jtbayly 5y ago
      I'm open to being corrected. However, this article is about people who are living in, not visiting another country.
      - bryanrasmussen 5y ago
        the linked article specifically says "When an individual leaves an EU country and travels to a non-EU country, they are no longer protected by GDPR." and "If an EU citizen travelled to the United States and interacted with an EU business, which required the collection of their personal data, their data rights and freedoms would be dictated by US federal and state laws. GDPR would not apply." true, this is inside a section where the headline refers to people 'living' in the US (which of course implies taking up a long term residence there), but the text of the body makes clear that just traveling to the US means that, as one would normally expect, the laws of the US pertain and not the laws of the EU.
        5y ago

by itake 5y ago

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
It doesn't matter whether you are there or not. If you are an EU citizen, and you're in the US, and you visit a US website and make an order from that website, that website is now supposedly required to obey EU law.
- bryanrasmussen 5y ago
  you are however incorrect https://www.hipaajournal.com/does-gdpr-apply-to-eu-citizens-living-in-the-us/ https://www.hipaajournal.com/does-gdpr-apply-to-eu-citizens-... "GDPR requires the personal data of an individual residing in an EU country to be subject to certain safeguards and their data rights and freedoms must be protected. When an individual leaves an EU country and travels to a non-EU country, they are no longer protected by GDPR." It was quite a common misconception when GDPR was first being formalized that it would apply to EU citizens physically located outside of the EU, indeed if you go back about 6 years you would probably find me making the same incorrect argument on HN.
  - jtbayly 5y ago
    I'm open to being corrected. However, this article is about people who are living in, not visiting another country.
    - bryanrasmussen 5y ago
      the linked article specifically says "When an individual leaves an EU country and travels to a non-EU country, they are no longer protected by GDPR." and "If an EU citizen travelled to the United States and interacted with an EU business, which required the collection of their personal data, their data rights and freedoms would be dictated by US federal and state laws. GDPR would not apply." true, this is inside a section where the headline refers to people 'living' in the US (which of course implies taking up a long term residence there), but the text of the body makes clear that just traveling to the US means that, as one would normally expect, the laws of the US pertain and not the laws of the EU.
      - 5y ago