Re:How GDPR Will Change The Way You Develop
by shkkmo on Tuesday February 27, 2018 @03:19PM
(#16477436)
This are all limitation/qualification upon whether you qualify as providing goods/services.
Yet, that is only one of two reasons why you would be subject to GDPR, the other is "the monitoring of their behaviour as far as their behaviour takes place within the Union".
As far as I can tell, logging a european IP address together with urls (i.e. an access log like every server has) would qualify you even if you aren't doing business there.
Re:How GDPR Will Change The Way You Develop
by fencepost on Tuesday February 27, 2018 @11:19AM
(#16474847)
Is that interpretation or is there actually language to this effect in the regulations?
Re:How GDPR Will Change The Way You Develop
by shkkmo on Tuesday February 27, 2018 @03:01PM
(#16477269)
I found this (which is not official or legal advice but does quote the regulation): https://www.gdpreu.org/the-regulation/who-must-comply/
Re:How GDPR Will Change The Way You Develop
by wglb on Tuesday February 27, 2018 @01:23PM
(#16476324)
Not quite. GDPR applies to you, a US entity, if you do business with an EU citizen trading in dollars living in the US.
Re:How GDPR Will Change The Way You Develop
by mathie25 on Tuesday February 27, 2018 @01:57PM
(#16476652)
"[...]Whereas the mere accessibility of the controller's,
processor's or an intermediary's website in the Union, of an email address or of other contact details, or the use
of a language generally used in the third country where the controller is established, is insufficient to ascertain
such intention, factors such as the use of a language or a currency generally used in one or more Member States
with the possibility of ordering goods and services in that other language, or the mentioning of customers or
users who are in the Union, may make it apparent that the controller envisages offering goods or services to data
subjects in the Union."
Quote from GDPR, page 5, recital 23 (http://www.privacy-regulation.eu/en/recital-23-GDPR.htm). I'm no lawyer, but that's the way I'm understanding it.
Re:How GDPR Will Change The Way You Develop
by freeone3000 on Tuesday February 27, 2018 @05:00PM
(#16478391)
So what, English and French? Those are the two major languages of the union, but are also the two official languages of canada. Seems like you can easily get hamstrung on a technicality.
Re:How GDPR Will Change The Way You Develop
by TheCoelacanth on Tuesday February 27, 2018 @07:27PM
(#16479546)
Those are factors, not hard and fast rules. If you are a Canadian company and you provide services in English and French, that alone wouldn't indicate that you are targeting EU users. There would need to be other factors indicating your intent to target EU users.
Re:How GDPR Will Change The Way You Develop
by AnimalMuppet on Tuesday February 27, 2018 @05:29PM
(#16478630)
GDPR may state that it applies. Good luck to the EU in enforcing it, though.
If your website accepts Euros, has multiple european languages (e.g. spanish, german, etc.), you do marketing in Europe, then we can conclude that you legitimely do business in Europe, you are then required to be GDPR compliant. This is indicated in one of the GDPR article (can't remember which one)
Edit: fix typos