Intent to issue €2.5M fine to Disqus over GDPR breaches

Re:Intent to issue €2.5M fine to Disqus over GDPR breaches by lmkg on Thursday May 06, 2021 @09:42AM (#27063061)

Oddly enough, the disclaimer might actually increase the chance that you're subject to GDPR.

The relevant part of GDPR is Article 3, and Recital 23 (full law text in the links below--read them, they're short!).

GDPR applies to a non-EU website that "envisages offering services to data subjects" in the EU. Recital 23 explicitly says that a website merely being available does not count. Offering localized content (e.g. languages, currency for ecommerce) counts. And if your website treats users in the EU differently (such as by having a pop-up that mentions GDPR), that shows evidence that you believe users from Europe are in the target audience of your site.

Actually enforcing fines are a different matter, and will require some locus of business in the EU.

https://gdpr-info.eu/art-3-gdpr/

https://gdpr-info.eu/recitals/no-23/

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Re:Intent to issue €2.5M fine to Disqus over GDPR breaches by germanier on Thursday May 06, 2021 @09:46AM (#27063114)

The alternative Art. 3 No. 2b and Recital 24 do not have such a restriction.

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Re:Intent to issue €2.5M fine to Disqus over GDPR breaches by djoldman on Thursday May 06, 2021 @11:51AM (#27065101)

Thanks for your reply and for citing the law text.

This is an interesting passage.

It seems to me that saying to ALL visitors of the website that the goods and services are not offered to GDPR places should be sufficient to preclude GDPR jurisdiction.

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