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Why You Can't Just Block EU Visitors, EU Customers, or Any EU Traffic Under GDPR

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11–20 of 140 posts

Re: Why You Can't Just Block EU Visitors, EU Customers, or Any EU Traffic Under GDPR

#11
post #2

There's still the issue of enforcement. If the operators and servers are all outside the EU, how would a user effectively get courts to enforce the GDPR?

Arrests when an operator visits an EU country? I mean, that's how the US seems to get gambling company CEOs and internet betting site operators...

Re: Why You Can't Just Block EU Visitors, EU Customers, or Any EU Traffic Under GDPR

#13
post #2

There's still the issue of enforcement. If the operators and servers are all outside the EU, how would a user effectively get courts to enforce the GDPR?

Extradition?

Its ridiculous on its face. European laws don't apply to American companies if they don't do business in Europe.

It will become a major international incident if people try to do this.

Re: Why You Can't Just Block EU Visitors, EU Customers, or Any EU Traffic Under GDPR

#14
post #6
post #2

There's still the issue of enforcement. If the operators and servers are all outside the EU, how would a user effectively get courts to enforce the GDPR?

If the company does not have a data protection officer (or if the DPO doesn't comply with users' requests), users can go to their national government's data protection regulator. No need to go to court.

Yes but what will that regulator do once they determine the foreign government in which the offense occurred is indeed guilty?

Re: Why You Can't Just Block EU Visitors, EU Customers, or Any EU Traffic Under GDPR

#15
So the GDPR was vague, and while I would say poorly written, many have claimed that the EU will focus more on the spirit of the law vs the law itself.

Anyone really believe they’ll litigate against companies that block them entirely? That want nothing to do with the EU market as a result of this law?

I seriously doubt it, but this is a great example of the 2 years of legal arguments and debates happening in companies because of GDPR.

Re: Why You Can't Just Block EU Visitors, EU Customers, or Any EU Traffic Under GDPR

#16
Assuming the article is correct in its interperatation of the law, it is still missing the point. If you do neot operate out of, or do business in, the EU, then the EU has no claim for jurisdiction.

The only simmilar case I can think of is the Isreali law which prohibits entry into the country by anyone supporting BDS. Notably, in this case they are not even claiming that everyone on the planet is required to not support BDS; because it is obvious that they have no jurisdiction to do so.

EDIT: You also have China and Saudi Arabia who have internet restrictions. However, they also do not claim jurisdiction over foreign sites. They only require compliance by sites that operate within their jurisdiction; and have built the infrastructure to enforce their digital border.

Re: Why You Can't Just Block EU Visitors, EU Customers, or Any EU Traffic Under GDPR

#17
post #15

So the GDPR was vague, and while I would say poorly written, many have claimed that the EU will focus more on the spirit of the law vs the law itself. Anyone really believe they’ll litigate against companies that block them entirely? That want nothing to do with the EU market as a result of this law? I seriously doubt it, but this is a great example of the 2 years of legal arguments and debates happening in companies…

> Anyone really believe they’ll litigate against companies that block them entirely?

All it takes is a single populist data regulator in one of the EU's twenty-eight members,. Will they win? I don't think so. But in the meantime, you'll be dragged through costly regulatory negotiations. Those negotiations would become much more expensive if one had any European users.

Re: Why You Can't Just Block EU Visitors, EU Customers, or Any EU Traffic Under GDPR

#20
You can’t force people to operate in your country. The EU does not have sovereignty over the whole world. This is nonsense and is certainly not what is contemplated by the law.

Making it undesirable for some businesses to operate in your country is part of the cost-benefit analysis you have to do when passing laws.

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