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Re:OnePlus Is Again Sending User Data to a Chinese Company W... by kuschku on Friday January 26, 2018 @12:56PM (#16241252)
The GDPR applies extraterritorially.

If a company even stores a record of a single EU citizen, the GDPR applies to it, and the EU has the right to seize the assets of the company for the purpose of enforcing it.

Re:OnePlus Is Again Sending User Data to a Chinese Company W... by Azeralthefallen on Friday January 26, 2018 @02:49PM (#16242297)
I am curious about something.

If you were to only offer your service in North America, but someone from the EU comes over to North America on vacation, and somehow becomes recorded in your service.

Does the GDPR still apply in this case?

Re:OnePlus Is Again Sending User Data to a Chinese Company W... by andor on Friday January 26, 2018 @04:02PM (#16242867)
As long as that someone is still in the US, no. But if the service is used from the EU, the GDPR applies.

Article 3 defines the territorial scope:

http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELE...

Re:OnePlus Is Again Sending User Data to a Chinese Company W... by reaperducer on Friday January 26, 2018 @01:19PM (#16241513)
>The GDPR applies extraterritorially.

Yeah. Good luck with that.

It'll work for the big, entrenched companies like Facebook who couldn't bear to be without its UK customers, for example. But I don't see the EU successfully going after every little dot-com startup from Alabama to Angola, many of them in jurisdictions that barely have a functioning legal system, let alone respect for EU law.

If such extraterritorial enforcement was actually possible, there would be no 419 scammers.

Re:OnePlus Is Again Sending User Data to a Chinese Company W... by kuschku on Friday January 26, 2018 @06:49PM (#16243863)
You can try that, but every major bank will cooperate and simply freeze your accounts if ordered to do so.