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GDPR applies to companies doing business in Europe. An American court is neither a company nor in Europe.
by Asparagirl 4y ago
GDPR applies to companies doing business in Europe.
An American court is neither a company nor in Europe.
- fxtentacle 4y agoGDPR applies to doing business with EU citizens. That's why a US company like Meta can be held responsible for data stored in the US if it's about EU subjects.
- bee_rider 4y agoPutting aside the fact that a US court is not a company doing business, the distinction still seems sort of academic. Of course the EU can pass whatever laws they want, but entities doing business with EU citizens, which don't have a presence inside the EU, will be hard to prosecute in EU courts.
- sofixa 4y agoNo, the GDPR applies to processing or control of personal data of EU citizens. There's even an explicit "what about if neither of those are in the EU(not Europe): This Regulation applies to the processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union, where the processing activities are related to: the offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the Union; or the monitoring of their behaviour as far as their behaviour takes place within the Union. https://gdpr-info.eu/art-3-gdpr/ https://gdpr-info.eu/art-3-gdpr/ I'm not sure an American court fits either of those conditions, but it's absolutely not limited to companies doing business in Europe.
- sgjohnson 4y agoThey can claim extraterritoriality all they want, but they have no recourse whasoever if the data controller or processor has no presence in the EU. What are they going to do? Send them a mean letter?
- germanier 4y agoNot sure where you read that it only applies to companies - certainly not in the GDPR itself. It also applies to public entities - courts, government agencies, etc. It wouldn't apply in this case due to other reasons though.