4 ms·

How well does this play out with things like GDPR? I can only find one sentence about it but this seems like a direct conflict. Who wins? The USA, the EU, no o

by gzer0 4y ago

How well does this play out with things like GDPR? I can only find one sentence about it but this seems like a direct conflict. Who wins? The USA, the EU, no one, everyone?

xet7 4y ago
USA cloud services are not GDPR compliant: https://nextcloud.com/blog/the-new-transatlantic-data-privacy-framework-fails-to-make-us-cloud-services-gdpr-compliant/ https://nextcloud.com/blog/the-new-transatlantic-data-privac...
closewith 4y ago
It's part of the reason that Privacy Shield collapsed and why the US isn't considered to offer adequate protection to EU residents. It's currently being both litigated (as more and more EU country data protection agencies make individual rulings that specific instances of transfers of personal data to US companies are unlawful) and the subject of intense political negotiation between the EU and US. Most companies affected are currently awaiting the results of these processes, because following the current precedent to it's logical conclusion, it appears unlawful to transfer any personal data of an EU resident to a US-based company (even if that data remains physically in the EU or another adequate country). That would obviously have catastrophic consequences for the current status quo, so it's hard to believe that a compromise won't be found to avoid it. However, it's also hard to see a compromise unless the United States exempts EU data subjects from the CLOUD Act, which seem unlikely. Hard to know where it'll go.
- mr_toad 4y ago
  > However, it's also hard to see a compromise unless the United States exempts EU data subjects from the CLOUD Act, which seem unlikely. Hard to know where it'll go. Bureaucrats are capable of breathtaking sophistry when it makes their jobs easier. If red was illegal but convenient they’d make a policy that red was actually green and argue it was until they were blue in the face.
t0mas88 4y ago
It's not entirely clear yet who wins, but the current issues with Google Analytics in the EU seem to be partially related. Some countries have come to the conclusion that GA can't be legal if Google US has access to the data.

by gzer0 4y ago

How well does this play out with things like GDPR? I can only find one sentence about it but this seems like a direct conflict. Who wins? The USA, the EU, no one, everyone?

xet7 4y ago

USA cloud services are not GDPR compliant: https://nextcloud.com/blog/the-new-transatlantic-data-privacy-framework-fails-to-make-us-cloud-services-gdpr-compliant/ https://nextcloud.com/blog/the-new-transatlantic-data-privac...

closewith 4y ago

It's part of the reason that Privacy Shield collapsed and why the US isn't considered to offer adequate protection to EU residents. It's currently being both litigated (as more and more EU country data protection agencies make individual rulings that specific instances of transfers of personal data to US companies are unlawful) and the subject of intense political negotiation between the EU and US. Most companies affected are currently awaiting the results of these processes, because following the current precedent to it's logical conclusion, it appears unlawful to transfer any personal data of an EU resident to a US-based company (even if that data remains physically in the EU or another adequate country). That would obviously have catastrophic consequences for the current status quo, so it's hard to believe that a compromise won't be found to avoid it. However, it's also hard to see a compromise unless the United States exempts EU data subjects from the CLOUD Act, which seem unlikely. Hard to know where it'll go.

mr_toad 4y ago
> However, it's also hard to see a compromise unless the United States exempts EU data subjects from the CLOUD Act, which seem unlikely. Hard to know where it'll go. Bureaucrats are capable of breathtaking sophistry when it makes their jobs easier. If red was illegal but convenient they’d make a policy that red was actually green and argue it was until they were blue in the face.

t0mas88 4y ago

It's not entirely clear yet who wins, but the current issues with Google Analytics in the EU seem to be partially related. Some countries have come to the conclusion that GA can't be legal if Google US has access to the data.