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Shopify Is Illegal in Germany

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Re: Shopify Is Illegal in Germany

#51
The EU is try to copying China's playbook of propping up local service providers by imposing impossible-to-follow rules on foreign tech companies.

In both cases, the rest of the world should retaliate by limiting access to advanced technology until laws change.

Re: Shopify Is Illegal in Germany

#52
post #33

Mini Ask HN: How would a small company, say a code forge, that is based in the US ensure that it is operating such that it is legal to have EU customers? All operations will be in the US (interaction only through a website). The forge will be designed to allow all of a user's data to be downloaded by that user (easy access to all data). It will also allow wiping away any reference to a user in commits (right to be fo…

In terms of the GDPR, your company would need to satisfy compliance of the GDPR. For small companies this is pretty straight forward, and it definitely helps to think about this early.

https://gdpr.eu/compliance-checklist-us-companies/

Re: Shopify Is Illegal in Germany

#53
post #16

Earlier quoted context omitted.

This affects the entire EU. I try to hammer it into people's heads here in NL. Using US-based cloud services if you touch PII is a huge risk as they're all getting like crazed addicts fighting over their next high PII-high.

It's the way the EU can protect their own tech industry.

No need to be overly cynical, the privacy aspects are popular and a good enough reason by themselves to have these regulations.

Re: Shopify Is Illegal in Germany

#54
post #33

Mini Ask HN: How would a small company, say a code forge, that is based in the US ensure that it is operating such that it is legal to have EU customers? All operations will be in the US (interaction only through a website). The forge will be designed to allow all of a user's data to be downloaded by that user (easy access to all data). It will also allow wiping away any reference to a user in commits (right to be fo…

I'm unfortunately able to find it, but I was pretty sure a lot of the restrictions around doing business in the EU require a certain $ amount transacted or web traffic. Citation definitely needed but that would make sense, as it's how a lot of laws are written.

Re: Shopify Is Illegal in Germany

#55
post #2

Sorry for the German only link, but this is from today and didn't make the rounds yet. It is not really about Shopify itself, but about the use of CDNs - which would be even more worrisome. Shopify Support couldn't help the shop owner.

GDPR core is pretty simple: You cannot do stuff (process, store, transfer to third parties) with PII unless X condition is met. An internet site, on first visit (being genuine first visit or just cookieless visit) cannot do things with PII, because there is just no way to even tell if X is met, therefore not only data storage (IP address in Apache access logs included) is illegal, but moreso transfer to third party v…

GDPR is simple. It's a mechanism to keep foreign tech companies out of EU while not explicitly banning them (as it would result in reciprocal measures) by increasing the cost of doing business in EU. For those that do go all the way and try to follow the laws, periodic flaws found in implementation (which are inevitable given how complex these laws) are penalised heavy enough to make them think twice. If this is not there, software companies in EU which aren't competitive in general will be steamrolled by companies from other countries (but primarily from USA).

China also does this to ensure home grown tech eco system while at least being more truthful about.

Re: Shopify Is Illegal in Germany

#56
post #36

Earlier quoted context omitted.

In the UK it's illegal to pay a bribe to allow your company to operate, despite it being normal behaviour in many areas [0], I assume other countries have similar laws. In the same way, just because normal behaviour in some countries is to misuse customer data, it doesn't mean it should be legal for an EU company to operate in that way. [0] https://www.bbc.co.uk/news/business-13977221

When you make common practice illegal, you invite corruption into your system because selective enforcement of the rules becomes the new normal. Laws need to understand the environment that they are made in or will never be effective and oftentimes counter productive. As is the case here. GDPR goes even further than would be reasonable for any small business that handles email addresses. Requiring a salaried data pro…

> When you make common practice illegal, you invite corruption into your system because selective enforcement of the rules becomes the new normal.

Child labor. Drugs and radioactive substances in medicine. Water pollution. The list of practices that used to be common is extremely long.

And yet here we are.

> GDPR goes even further that would be reasonable for any small business that handles email addresses.

Of course it doesn't go "even further". Don't sell user data left and right, and boom! Your poor small business is in the clear.

> Requiring a salaried data protection officer is not feasible.

The law doesn't require a separate salaried DPO.

> Unless you want to make small businesses illegal to operate online, you either are for selective enforcement or you do not want the GDPR.

The one thing I want is for people to stop saying fantastical bullshit about GDPR that has no basis in reality.

Re: Shopify Is Illegal in Germany

#57

Wait, does this imply that running a website behind CloudFlare is illegal in the EU? After all, webshop or not, IPs will be transmitted... Or are IPs only a problem in connection with getting user data like name and address? Or is it the IP+cookie combo?

Someone has previously gotten fined for using Akamai, because it involves disclosing the user's IP address to a US company. (In fact, it was to a EU subsidiary of a US company, but due to the CLOUD Act this doesn't matter.)

In theory, IP address is considered personal data only under certain conditions. In practice, those "certain conditions" almost universally apply and you should treat IP addresses as always being personal data.

Re: Shopify Is Illegal in Germany

#58

Earlier quoted context omitted.

GDPR core is pretty simple: You cannot do stuff (process, store, transfer to third parties) with PII unless X condition is met. An internet site, on first visit (being genuine first visit or just cookieless visit) cannot do things with PII, because there is just no way to even tell if X is met, therefore not only data storage (IP address in Apache access logs included) is illegal, but moreso transfer to third party v…

> GDPR is ugly. The only thing it allows you to do before you get confirmation to process PII is to show static page requesting for permissions. That's basically it. You can't do any "cloudy" stuff prior. No, GDPR is not ugly. Yes, you can do "cloudy stuff". The bullshit narratives around GDPR need to stop, however people driving the narrative are extremely incentivized to siphon and sell all the data they can get yo…

You're just incorrect here.

Part of the GDPR does good things against bad actors like ad/tracking companies. But most of these companies are so big that it just works as a moat to keep out small competitors in that space.

The more widely-affecting thing that the GDPR is doing is to make it impossible to legitimately run a business like the one that the article is talking about. An online shop that uses shopify which uses a CDN. A small online shop using a CDN is who is actually hurt with GDPR.

Re: Shopify Is Illegal in Germany

#59
post #16

Earlier quoted context omitted.

It's the way the EU can protect their own tech industry.

While this is true, it is too easy. The privacy angle lives in the minds of Europeans, while US people seem to care a lot less.

> The privacy angle lives in the minds of Europeans

without data, it’s hard to make this argument. what we know for sure is that bureaucrats fully support the privacy angle. but from my anecdotal real life experience almost no one cares (another argument that without data cannot be generalised).

Re: Shopify Is Illegal in Germany

#60

Earlier quoted context omitted.

GDPR core is pretty simple: You cannot do stuff (process, store, transfer to third parties) with PII unless X condition is met. An internet site, on first visit (being genuine first visit or just cookieless visit) cannot do things with PII, because there is just no way to even tell if X is met, therefore not only data storage (IP address in Apache access logs included) is illegal, but moreso transfer to third party v…

> GDPR is ugly. The only thing it allows you to do before you get confirmation to process PII is to show static page requesting for permissions. That's basically it. You can't do any "cloudy" stuff prior. No, GDPR is not ugly. Yes, you can do "cloudy stuff". The bullshit narratives around GDPR need to stop, however people driving the narrative are extremely incentivized to siphon and sell all the data they can get yo…

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