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> The GDPR does apply outside the EU, it, like many laws, is extra-territorial. Extra-territoriality of law is a fantasy, not a reality, unless it's backed by
by tristor 3y ago
> The GDPR does apply outside the EU, it, like many laws, is extra-territorial.
Extra-territoriality of law is a fantasy, not a reality, unless it's backed by significant soft and hard power. Any country can say their law is extra-territorial all they want, but they have no jurisdictional authority to the enforce the law in an extra-territorial way. The extra-territoriality of GDPR has never been tested, but it's pretty clear to me that the EU cannot successfully enforce GDPR against a non-EU entity in the US. It may be able to use soft-power against smaller nations, but not against the US.
If the GDPR needs to extend into the US, it has to be via treaty, which has the same force as federal law, or via analogous federal law in the US. Neither of which exist right now. In fact, the exact opposite exists. The US government has made it pretty clear with the Cloud Act and other laws that the GDPR does not and will not apply to US-based companies operating on the Internet.
The EU is welcome to try to enforce it. In some ways, I would hope it would succeed (I support GDPR privacy rights/goals), however the precedent of extra-territoriality and sovereignty is not small.
- martin8412 3y agoIn the end, it simply means executives/owners of companies in violation will be unable to travel to/through any EU country. They'll ultimately be put on a list of people subject to arrest on arrival.