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Re:WhatsApp told to stop sharing user data with Facebook by ... by kuschku on Tuesday December 19, 2017 @11:10AM (#15961165)
» The CNIL said it had repeatedly asked WhatsApp to provide a sample of French users’ data transferred to Facebook but the company had explained it could not do so as it is located in the United States and “it considers that it is only subject to the legislation of this country.” «

That's a very interesting quote from Facebook, and explains why the GDPR has a special section explaining that it also applies to foreign companies that process data of EU citizen.

In general, Facebook is trying to set a dangerous precedent here. A company operating in our countries, taking our data, owning property in our countries, having employees in our countries, owning critical infrastructure in our countries (WhatsApp has basically replaced SMS and other messaging infrastructure), yet refusing to acknowledge the laws of the countries they operate in.

Re:WhatsApp told to stop sharing user data with Facebook by ... by titanix2 on Tuesday December 19, 2017 @11:30AM (#15961335)
Don’t understand the downvote you’re facing. Whatsapp is operating in France so it must comply with the ruling here. Moreover the fact that they hide from the CNIL the data they are sharing probably mean they do not comply to the regulations (which are here to protect people). Too bad the sanctions are not dissuasive enough to force compliance. Politicians are allowing this situation from too long (same with taxes avoidance schemes).
Re:WhatsApp told to stop sharing user data with Facebook by ... by hartator on Tuesday December 19, 2017 @11:36AM (#15961392)
It will be nightmare if you have to comply to every laws of a country just because you have users in it.
Re:WhatsApp told to stop sharing user data with Facebook by ... by edran on Tuesday December 19, 2017 @11:42AM (#15961443)
It's not a nightmare, it's a responsibility towards the people who use your product, and the society that allows you to gain wealth from such usage.

If you want to simplify the system, lobby for multiple nations to adopt a good standard, or move on.

Re:WhatsApp told to stop sharing user data with Facebook by ... by hartator on Tuesday December 19, 2017 @01:19PM (#15962464)
So, are you going to report NK users to them if you host dissident contents? You have to comply to your local laws, not foreign laws.
Re:WhatsApp told to stop sharing user data with Facebook by ... by notimetorelax on Tuesday December 19, 2017 @03:54PM (#15964161)
You have a choice of not offering your services in these countries.
Re:WhatsApp told to stop sharing user data with Facebook by ... by chaosite on Tuesday December 19, 2017 @11:42AM (#15961444)
This isn't even a law, it's an order.

Don't want to comply? Don't accept users from that country. That's the reality of a multi-national...

Re:WhatsApp told to stop sharing user data with Facebook by ... by hartator on Tuesday December 19, 2017 @01:21PM (#15962488)
After all this hypocrite talk about net neutrality, it's suddenly okay to block users based on their country?
Re:WhatsApp told to stop sharing user data with Facebook by ... by chaosite on Tuesday December 19, 2017 @02:46PM (#15963507)
What does net neutrality have to do that? That talk is about the role ISPs play on the Internet, and whether practices like zero-rating and shaping based on source and preferring your own services should be allowed.

Yes, if you want to provide services on the Internet and don't want to comply with the laws of some countries, then you have to make sure you don't provide services to those users.

You see it all the time in copyright related situations, where companies lack the rights to distribute something in certain countries -- so, Spotify doesn't work in every country, for example. Neither does Amazon Prime Video. Netflix has a different selection in each country it operates in, and is also not available in every country.

What's the difference?

Re:WhatsApp told to stop sharing user data with Facebook by ... by realusername on Tuesday December 19, 2017 @11:44AM (#15961466)
It's pretty much like this for every country, Whatsapp can always set app to be not available for some countries if they are not happy with the local laws.
Re:WhatsApp told to stop sharing user data with Facebook by ... by dguest on Tuesday December 19, 2017 @12:06PM (#15961660)
What's the alternative? You comply with the laws in your country of choice?
Re:WhatsApp told to stop sharing user data with Facebook by ... by hartator on Tuesday December 19, 2017 @01:23PM (#15962509)
Comply with the laws where you based at. Other countries can't enforce their laws just because you communicate with their residents.
Re:WhatsApp told to stop sharing user data with Facebook by ... by PeterisP on Tuesday December 19, 2017 @02:47PM (#15963520)
Well, that's not true - they certainly can, and (as in this case) are going to, the EU GDPR restrictions on personal data privacy (starting from May 2018) will affect many, many non-EU companies, starting from the largest global ones.

Perhaps you meant to say that other countries shouldn't enforce their laws just because you communicate with their residents?

Re:WhatsApp told to stop sharing user data with Facebook by ... by mrguyorama on Tuesday December 19, 2017 @11:49AM (#15961508)
It would be a nightmare to comply with the laws of a country I am visiting
Re:WhatsApp told to stop sharing user data with Facebook by ... by gourou on Tuesday December 19, 2017 @11:45AM (#15961480)
> WhatsApp has basically replaced SMS and other messaging infrastructure

That's especially true here in Spain where SMS prices dropped long after 3G appeared. There's even road/trafic signs showing Whatsapp's dominance.

http://ecodiario.eleconomista.es/sociedad/noticias/6600084/0...

http://www.stateofdigital.com/marketer-understand-acquisitio...

Re:WhatsApp told to stop sharing user data with Facebook by ... by marksomnian on Tuesday December 19, 2017 @11:24AM (#15961266)
> the GDPR has a special section explaining that it also applies to foreign companies that process data of EU citizen

Is such a clause enforceable and/or valid? How could the EU punish a non-EU business for violating this? I guess they could block/get an injunction against them within the EU, but that seems like the sort of thing that would get challenged legally.

Re:WhatsApp told to stop sharing user data with Facebook by ... by germanier on Tuesday December 19, 2017 @11:30AM (#15961328)
There is nothing that would stop this legally (what authority should hinder them?). Things that can be enforced are only limited by practicality.

Any non-EU business worth enforcing such a law against will very likely do business inside the EU (e.g. selling ads to local companies). Any money transferred can then be froozen to enforce this law.

Facebook in particular does business as an Irish company for its EU users, so no problem at all here.

Re:WhatsApp told to stop sharing user data with Facebook by ... by hartator on Tuesday December 19, 2017 @11:33AM (#15961363)
So, if you sell products or services in China, you have to comply to all China regulations, not just exports? That doesn't make any sense.
Re:WhatsApp told to stop sharing user data with Facebook by ... by titanix2 on Tuesday December 19, 2017 @11:39AM (#15961424)
That’s exactly what is happening: Windows 10 "China Edition" or some moves from Apple to comply with Chinese regulations for example.

Respecting local regulations is not a mind blowing fact. A foreign company cannot sell heroin in the USA under the pretext it is legal in their country.

Re:WhatsApp told to stop sharing user data with Facebook by ... by dguest on Tuesday December 19, 2017 @12:14PM (#15961729)
So you mean I can't use <insert shitty country>'s child pornography app in the US?

I know it's an extreme case, but yeah, of course countries expect people who do business in them to respect their laws.

Re:WhatsApp told to stop sharing user data with Facebook by ... by tonyztan on Tuesday December 19, 2017 @11:36AM (#15961394)
That is the way it currently works, yes. If your foreign web service is not approved by the Chinese government, it will most likely be blocked in China.
Re:WhatsApp told to stop sharing user data with Facebook by ... by hanbura on Tuesday December 19, 2017 @12:04PM (#15961638)
Why shouldn't it be valid? As a European accessing US servers I also have to comply to US anti-hacking laws. The only limit is enforceability.
Re:WhatsApp told to stop sharing user data with Facebook by ... by ainiriand on Tuesday December 19, 2017 @11:28AM (#15961308)
It looks to be the same situation with Apple's Irish Taxes, finally Apple had to comply.
Re:WhatsApp told to stop sharing user data with Facebook by ... by briandear on Tuesday December 19, 2017 @01:37PM (#15962677)
> taking our data

Hang on. You're GIVING it the data. People want "free" services, so I'm genuinely curious what people actually expect is going to happen when they use WhatsApp. Is it just something provided benevolently? How does WhatsApp make money? Are people really so ignorant to think that they can get a free lunch?

There's an implied quid pro quo -- you use a free service in exchange for providing data used to sell you products from advertisers.

You want to protect your privacy? Stop using so-called "free" services where you are the product.

Why should this even need regulation? People are making a choice to use Facebook/WA when they could be using conventional SMS or iMessage. But they get mad about paying for SMS -- so they trade privacy for "free." That's on the user. Who's supposed to pay for WhatsApp to run? Other than the early days when people paid $1/€1, it's free to users. Who pays for it?

> having employees in our countries

So providing jobs is a bad thing? What's the unemployment rate in France? It's over 10%. It seems like FB/etc. are actually providing a benefit to the country. Those employees also pay taxes, and buy stuff, thus benefiting the economy. You should be glad they have employees in those countries. I'm sure the employees are glad to have a job!

> owning property in our countries

And paying property tax. And making improvements. And attracting further economic development.

> owning critical infrastructure in our countries

?? They don't own the phone companies -- it's people's choice to not use conventional SMS, but conventional SMS and phone lines still exist. WhatsApp is hardly 'critical'. Any nontrivial use of WhatsApp (i.e. by emergency services) is just stupid. That's on the population, not the fault of Facebook and friends.

Re:WhatsApp told to stop sharing user data with Facebook by ... by chrisper on Tuesday December 19, 2017 @03:03PM (#15963694)
Maybe you don't remember, but WhatsApp used to cost money. I even bought it back then. So how can I opt out of this data sharing then?
Re:WhatsApp told to stop sharing user data with Facebook by ... by kuschku on Tuesday December 19, 2017 @03:22PM (#15963870)
Same for me, we paid WhatsApp to use a messenger that’s convenient, and isn’t Facebook.

And yet, this now happened.

Re:WhatsApp told to stop sharing user data with Facebook by ... by fineng123 on Tuesday December 19, 2017 @05:08PM (#15964862)
It's not like the concept is very complicated. As soon as stuff like this goes open source/distributed, the model falls apart. The Linuxification of everything will destroy the world as we know it
Re:WhatsApp told to stop sharing user data with Facebook by ... by hartator on Tuesday December 19, 2017 @11:31AM (#15961339)
I am glad as an US company we don't have to comply to the dumb EU cookie laws. Yeah, we know every websites in the world uses cookies. Don't need a modal everywhere.
Re:WhatsApp told to stop sharing user data with Facebook by ... by toomuchtodo on Tuesday December 19, 2017 @11:43AM (#15961453)
Bad news friend. You have to comply with GDPR if any of your users are in the EU, even if they were originally not in the EU when they signed up. Your user merely needs to be a EU resident.

https://en.wikipedia.org/wiki/General_Data_Protection_Regula...

---

The regulation applies if the data controller (an organization that collects data from EU residents) or processor (an organization that processes data on behalf of data controller e.g. cloud service providers) or the data subject (person) is based in the EU. Furthermore the regulation also applies to organizations based outside the European Union if they collect or process personal data of EU residents. According to the European Commission "personal data is any information relating to an individual, whether it relates to his or her private, professional or public life. It can be anything from a name, a home address, a photo, an email address, bank details, posts on social networking websites, medical information, or a computer’s IP address."

---

Re:WhatsApp told to stop sharing user data with Facebook by ... by hartator on Tuesday December 19, 2017 @01:30PM (#15962581)
If you don't have an organization in EU, they can't sue you in the U.S. because it's allowed here. It's like the U.S. trying to sue local Amsterdam pot shop because they sell drugs to U.S. residents.
Re:WhatsApp told to stop sharing user data with Facebook by ... by germanier on Tuesday December 19, 2017 @09:41PM (#15966580)
I have bad news for you: things like the Uniform Foreign Money Judgments Recognition Act exist which makes it possible to enforce foreign verdicts. Even if no such law applies, most US companies that do business with EU customers have by definition some assets in the EU even if only briefly (or else they couldn't charge them anything).

The US doesn't sue foreign pot shops because the sale happens abroad and they have decided to not bother with that but they absolutely could enacted such a law if they wanted. Who is there to stop them? The US actually does apply some of its laws abroad. Here is an example that is similar to yours https://www.insightcrime.org/news/analysis/as-us-prosecutes-...

Again, the problem is only enforceability. If they can't get hold of any money, a verdict is useless.

Re:WhatsApp told to stop sharing user data with Facebook by ... by MVorlm on Tuesday December 19, 2017 @10:41PM (#15966861)
That's the point. If I run a US-based company and have 0 assets in X country, it doesn't matter. EU lawyers would also know this and also wouldn't bring it to court. It's just a waste of everyone's time. I'm certainly not going to do anything If I get a summons from a random country due to some random law. Especially if it means nothing in the country I'm currently located in.
Re:WhatsApp told to stop sharing user data with Facebook by ... by kuschku on Wednesday December 20, 2017 @08:25AM (#15969256)
It does matter if your bank will comply, and no bank will risk getting banned from the EU market for a small customer like you.

Some day you’ll wake up, and notice all your corporate bank accounts are empty and frozen.

Re:WhatsApp told to stop sharing user data with Facebook by ... by toomuchtodo on Tuesday December 19, 2017 @10:57PM (#15966923)
And you have no plans to have assets or employees in the EU. Ever.
Re:WhatsApp told to stop sharing user data with Facebook by ... by hanbura on Tuesday December 19, 2017 @11:57AM (#15961586)
The cookie law makes perfect sense: most uses of cookies don't require any notification, only "invisible" tracking cookies need that.
Re:WhatsApp told to stop sharing user data with Facebook by ... by shakna on Tuesday December 19, 2017 @01:05PM (#15962286)
Common confusion over the cookie law.

* It was never about all cookies. It was about 3rd party cookies.

* An agreement was only necessary if you were transferring a user's private data to a 3rd party.

It was a huge privacy leak. The EU tried to shut it down, so the world's corporations decided to keep doing what they were doing without changing a thing, whilst mocking cookies, and by proxy, the user's whose data they were fleecing.

Re:WhatsApp told to stop sharing user data with Facebook by ... by hartator on Tuesday December 19, 2017 @01:25PM (#15962533)
Every websites use Google Analytics - or another third part analytics - and therefore has to display the modal. This law is just a waste of everything.