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Google is moving EU citizens’ data to US?

andreagrandi.it

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Re: Google is moving EU citizens’ data to US?

#41

Post by kick »

colmmacc wrote: post #10
kick wrote: post #5

I feel like people don't accept that Google needs the EU less than the EU needs Google. If Google were to pull out of the EU overnight, there'd be death as a result. If the EU were to kick Google out, there might still be deaths, but none of them Google employees, and in the end it wouldn't substantially impact Google. There's no real incentive for Google to be a good actor: they have all of the leverage, and if the…

Europe is a huge advertising and services market. Excluding it would put a huge dent in Google's profitability.

Europe and the EU are not the same thing.

It wouldn't put a "huge" dent in Google's profitability: EMEA accounted for something like 30% of Google's revenue last year, and now that the UK is no longer part of the EU, it's probably substantially less from the EU.

Re: Google is moving EU citizens’ data to US?

#42

Post by kasey_junk »

myrandomcomment wrote: post #29

The simple suggestion would be that Google needs to ask for your citizenship status and go from there. Not sure else how to solve that. If I am an American living in the EU for a few years does the GDPR apply to me when I live there? I am going to the EU next week for 10 days. When I access my gmail from the EU what law applies?

Its a big open question until there is precedent but the GDPR is explicit that residency and citizenship aren’t required.

Most people are taking the position that if either end of the request is in the EU or owned by an EU entity its covered.

Re: Google is moving EU citizens’ data to US?

#43

Post by madeofpalk »

andreagrandi wrote: post #30
inkeddeveloper wrote: post #17

Earlier quoted context omitted.

I think it is the reverse, although I may have misunderstood your statement. GDPR applies to the entity controlling the data, not the resident. So Google LLC is subject to GDPR. Further, an EU citizen is entitled to use Google LLC and by providing services to an EU citizen, Google LLC has to abide by GDPR. So, my understanding is that Google may move an EU citizen's data to a US company as long as the US entity abide…

So, is it legal? I'm happy to amend the article if this is the case, but my understanding (when I initially read that UK citizens were loosing some rights being moved to US) is that moving to Google LLC I will have less privacy rights. According to their email, they think I'm a UK user: "because the United Kingdom (UK) is leaving the European Union (EU), Google LLC will now be the service provider and the data contro…

> moving to Google LLC I will have less privacy rights.

My understanding is that you always have the same rights. Whether Google follows them is another question.

It doesn't matter where the company stores and processes your data, as an EU resident, they still must follow GDPR rules.

Re: Google is moving EU citizens’ data to US?

#46

Post by HatchedLake721 »

madeofpalk wrote: post #35
pmontra wrote: post #8

Earlier quoted context omitted.

Yes, even if he lives outside the EU https://gdpr.eu/companies-outside-of-europe/ It applies even to non EU citizens resident in the EU.

Wait so, an an EU resident, processing my data outside of the EU is illegal under GDPR? I have a right to have it processed within the EU?

Incorrect. It is legal to process data outside the EU. They have to be compliant with GDPR. GDPR does not require the data to processed within the EU borders.

Re: Google is moving EU citizens’ data to US?

#47

Post by joshuamorton »

pmontra wrote: post #8
madeofpalk wrote: post #3

> I'm an Italian citizen, living in Italy [...] and I'm fully entitled to GDPR protection and to have my data owned by a European data controller. I don't think the latter part is true. AFAIK GDPR does not give you the right do have your data owned or processed by an EU entity. GDPR does not say that. It doesn't matter where your data is stored or processed, Google must still follow GDPR rules for data about EU resid…

Yes, even if he lives outside the EU https://gdpr.eu/companies-outside-of-europe/ It applies even to non EU citizens resident in the EU.

> Yes, even if he lives outside the EU

No. And your link doesn't support this assertion.

> It applies even to non EU citizens resident in the EU.

Yes.

Re: Google is moving EU citizens’ data to US?

#48

Post by madeofpalk »

Causality1 wrote: post #39
pmontra wrote: post #8

Earlier quoted context omitted.

Yes, even if he lives outside the EU https://gdpr.eu/companies-outside-of-europe/ It applies even to non EU citizens resident in the EU.

Some of the examples in that article are perplexing to me. Take the example of the Colorado company they say is subject to the GDPR. What motivation does that company have not to just ignore it? Since the EU doesn't have legal authority in Colorado, does the EU block European citizens from accessing violating websites? Do they send an angry letter?

A small Colorado company collecting data on EU residents, and mistreating it, would fall foul of GDPR. Yes, the EU doesn't really have much recourse outside of the EU, so there's not much they'll do. Theoretically, if you step foot in the EU they might come after you, but I'm sure you could understand why that would be exceptional circumstances.

Google, however, does have entities within the EU, so they can enforce penalties or what not.

Re: Google is moving EU citizens’ data to US?

#49

Post by andreagrandi »

madeofpalk wrote: post #35
pmontra wrote: post #8

Earlier quoted context omitted.

Yes, even if he lives outside the EU https://gdpr.eu/companies-outside-of-europe/ It applies even to non EU citizens resident in the EU.

Wait so, an an EU resident, processing my data outside of the EU is illegal under GDPR? I have a right to have it processed within the EU?

My understanding is that they can "process" it outside, but the "Data Controller" should be a European legal entity. After all, they are not saying "we are moving everyone data to US", they say "we are moving UK customers to US". I don't doubt they can do it, but I'm not a UK customer, that's the point.

Re: Google is moving EU citizens’ data to US?

#50

Post by madeofpalk »

HatchedLake721 wrote: post #46
madeofpalk wrote: post #35

Earlier quoted context omitted.

Wait so, an an EU resident, processing my data outside of the EU is illegal under GDPR? I have a right to have it processed within the EU?

Incorrect. It is legal to process data outside the EU. They have to be compliant with GDPR. GDPR does not require the data to processed within the EU borders.

Exactly. Perhaps I worded my question wrong, but this is my assumption. The entire premise of the article seems incorrect.
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