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GDPR: Removing Monal from the EU

monal.im

911–920 of 957 posts

Re: GDPR: Removing Monal from the EU

#911
post #234

Earlier quoted context omitted.

Furthermore mark your callendar as 18 of march 2019 is when UK leaves EU and GDPR wont apply anymore.

No one in government has announced a plan to repeal the GDPR from UK law.

However there is a grand plan to do the absolute opposite, which is to adopt the entirety of EU law into UK law. The so called "Great Repeal Bill" or whatever they are calling it this week.

Re: GDPR: Removing Monal from the EU

#912

Earlier quoted context omitted.

I don't think an argument of such kind would stand in your communication with regulators, or (especially) in courts.

This is "what will you do if the lightning strikes you" thinking. Only about less probable things.

I'm not sure I understand your point. Do you mean “they won't catch you"?

Re: GDPR: Removing Monal from the EU

#913

You CANNOT, by any means, consider an IP address to be "personal data". You cannot say "I don't want my IP to lay around in a database somewhere" because ... IT IS NOT YOUR IP. An IP address is used to uniquely identify a device on a network, not a person. This device can be (and usually is) a router, a proxy, a server of some kind, a corporate computer, a public computer and so on. Not to mention the fact that a dev…

Even under current rules the common household IP-Address appears to be (in combination with any other relevant data (a timestamp for example)) personal data.

> Article 2(a) of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data must be interpreted as meaning that a dynamic IP address registered by an online media services provider when a person accesses a website that the provider makes accessible to the public constitutes personal data within the meaning of that provision, in relation to that provider, where the latter has the legal means which enable it to identify the data subject with additional data which the internet service provider has about that person. [ECLI:EU:C:2016:779]

Re: GDPR: Removing Monal from the EU

#914

Earlier quoted context omitted.

I didn’t write the original comment about the notebook in the park, just FYI. And your examples are not all the same. If you’re in public, you have no reasonable expectation of privacy. So yeah, take all the notes about me you want. That’s entirely different from my doctor sharing my health info.

Sorry, my fault with that first comment. Then why is your doctor not allowed to share your health information but a website where you search for and read about medical conditions can collect and share what you looked up as they please? And while you personally may not have any expectations of privacy in the public, that is certainly not true in general for everyone and in every country. Here in Germany the constituti…

Correction, it was of course the Federal Court of Justice, not the Federal Constitutional Court.

Re: GDPR: Removing Monal from the EU

#915

Earlier quoted context omitted.

>this guy sees the law and runs off without even trying to become compliant This guy quite clearly states that he doesn't have resources to become compliant, while it is too risky to make a mistake here. There are fans of GDPR on this website, who prefer to ignore the fact that the compliance has its cost, and added to that still unknown risks of practical interpretation of legislation which also have their cost. But…

GDPR compliance takes resources. I would say for a small business it takes about 1 or 2 days. Not hard work but tedious. In the end you will have around 5 documents that will show your processes, what you do to keep data save, a plan how you deal with questions from customers and regulators, that you trained your employees and that you choose your subs carefully. Essentially that's it. I am no lawyer but I am a CPO.…

I guess you are EU-based, unlike the guy whose text we are debating here.

Re: GDPR: Removing Monal from the EU

#916

Earlier quoted context omitted.

This is "what will you do if the lightning strikes you" thinking. Only about less probable things.

I'm not sure I understand your point. Do you mean “they won't catch you"?

They won't even manage to precisely decide what actually means 'large' let alone if it applies to you specifically, before you die of old age.

The above statement will apply to everybody or nearly everybody (still not you).

Re: GDPR: Removing Monal from the EU

#917
post #883

Earlier quoted context omitted.

Nope, the buyer has to comply with american tax law. You the seller are not doing business in there.

If you make a profit in America you'd better believe that the US government wants a share of it (there are exceptions if you sign a W8BEN and ask for a tax exemption based on existing international treaties) but the default position is that you pay tax on profits made in foreign countries -- and this applies for any country in the world that has something resembling a capital gains tax. If you sell electronics that a…

I think you're seriously mistaken as to how one-off (and maybe all) import into the US works.

If I buy something mail-order from Canada, I'm considered the importer and would have to pay duty on it, just as if I had driven a truck over the border, bought the couch over there and driven it back.

If it's something as big as a couch, chances are it's going to be held at a customs warehouse for me to pick up (after I've paid the duty).

If I need to do this on a regular basis, I'm going to hire an import/export broker or possibly go through an actual furniture importer. That's the company that's doing business in the US that owes US incomes taxes, has to comply with US consumer protection laws and any of those other regulations.

In all of these scenarios, at no time did the Canadian couch store do any business in the US, even though I, the customer doing the "buying" may have been initiating the transaction over the Internet (or phone or with a paper mail-order form) physically in the US and/or with a US credit card.

If that Canadian couch is a fire hazard, the US's recourse is to stop it at the border and not let it in (or punish the US company, only in the case of the furniture reseller), and possibly punish me, the importer, since I'm the one legally attempting to bring it into the country. AFAIK, they have no recourse against the Canadian company.

Re: GDPR: Removing Monal from the EU

#918

Earlier quoted context omitted.

Even in America, if a user can argue that their consent is uninformed you can still end up with a lawsuit. What's more, various states have different rules regarding that liability as well.

You're not wrong in this guy's case, especially since his software is on the App store. However, for most open-source projects, the installation process is sufficiently obtuse that you would be hard pressed to claim you were 'tricked' into installing it

It's not clear that open source projects that are published public domain actually have GDPR obligations. Specific INSTANCES of them running as a service might.

Re: GDPR: Removing Monal from the EU

#919

Earlier quoted context omitted.

He's not in the EU.

Indeed but he head a TLD from a self-governing dependency which is implementing the GDPR: https://www.gov.im/about-the-government/data-protection-gdpr... So he wants the funky TLD from Europe but he doesn't want European law 'hassle'. Hypocritical.

How is that hypocritical? It's really obvious that the author puchased an "im" domain because it looks like the acronym for "Instant Messaging", not because he wants to be associated with a European country or European law. He also purchased his domain name before the GDPR came out.

Re: GDPR: Removing Monal from the EU

#920
post #790

Earlier quoted context omitted.

This guy is not a small business. He's just a guy, doing this for fun, it seems.

How does that defense work out for marijuana growers in the US?

These situations are incomparable. The author of the article is being criticized for choosing not to do something that may be illegal. If the author continued to run his service in an illegal way, then he should be treated the same as marijuana growers. But he has chosen not to run his service. The equivalent situation in the United States would be a bar that decided to close after Prohibition and restart their business in Canada. This is a perfectly reasonable reaction to new regulation.
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