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Re:Facebook to change user terms, limiting effect of EU priv... by briandear on Thursday April 19, 2018 @05:45AM (#16874542)
Not exactly correct. GDPR is closer to FATCA meaning — non US banks that deal with US citizens are subject to FATCA reporting IF they also have US assets. The penalty for a foreign bank not complying with FATCA is a penalty against US assets.

A bank with zero US financial system exposure can’t be penalized under FATCA because they have nothing to penalize. FATCA only works because banks have exposure to US assets.

The unintended consequence of FATCA is that it is dramatically harder for a US person to do any business with European banks — banks have closed accounts in order to reduce operational risk. So this “good law” (occurring to Democrats that passed it) actually made it much more difficult for Americans overseas and American companies who need overseas banking.

GDPR could be considered similar — it won’t have any jurisdiction if the company involved has no EU presence, but it could result in companies denying services to EU persons based on operational risk.

People should have thought this through much better.

Re:Facebook to change user terms, limiting effect of EU priv... by dogma1138 on Thursday April 19, 2018 @05:47AM (#16874553)
FATCA was designed to apply to non-US entities it provides clear definitions and channels on what to do and who do you work with, the GDPR has no functional models for non-EU entities.
Re:Facebook to change user terms, limiting effect of EU priv... by nocha on Thursday April 19, 2018 @08:59AM (#16875498)
Actually it kinda does... Article 27: "the controller or the processor shall designate in writing a representative in the Union"
Re:Facebook to change user terms, limiting effect of EU priv... by dogma1138 on Thursday April 19, 2018 @09:14AM (#16875623)
No it's a joke article 27 says that you need to establish a presence in the union which isn't going to happen article 3 is also vague as hell.

Compare this to FATCA: https://www.irs.gov/businesses/corporations/foreign-account-...

And again FATCA and SOX applies to huge financial institutions that can afford all the lawyers in the world.

Say I make guitar picks and tuning forks in Zimbabwe I sell it online and I have costumers in the EU. I either need to comply with the GDPR which will be prohibitively expensive or will have to stop selling to EU customers.

The problem with the GDPR is that people don't understand both the inconsistency and the scope of it. Come 25th of May I'm sending a data access request letter to my dry cleaner which they will have to comply with within 30 days or face fines.

Re:Facebook to change user terms, limiting effect of EU priv... by return1 on Thursday April 19, 2018 @04:37PM (#16879907)
what happens if they don't ?