Re:Publishers Haven't Realized How Big a Deal GDPR Is
by briandear on Sunday April 08, 2018 @05:38PM
(#16788584)
European languages? That’s absurd. Your product could be targeting US Spanish speakers, African speakers of French or newly arrived German speaking US citizens. Using language as a determinant is without any legal basis. Having your website in French doesn’t mean you are selling to French citizens. Language doesn’t equal location. Language does not impart jurisdiction.
If a small hotel in California had a French language information page, that doesn’t make that hotel subject to an EU law. If I am wrong, then where is the case law? Where is the legal precedent?
Re:Publishers Haven't Realized How Big a Deal GDPR Is
by dahauns on Sunday April 08, 2018 @08:28PM
(#16789369)
Targeted Language by itself certainly won't be enough, but it is definitely seen as one indicator by the CJEU.
https://iapp.org/news/a/what-does-territorial-scope-mean-und...
(And - case law? Not really a thing in most countries executing the GDPR.)
This is true. GDPR would only apply there if they were "offering goods or services, irrespective of whether a payment of the data subject is required, to data subjects in the European Union". [1]
This is understood to mean they must be marketing to the EU, for example by offering their site in European languages (apart from English), using European currencies, or using a European domain.
[1] https://gdpr-info.eu/art-3-gdpr/