Shopify Is Illegal in Germany

Re:Shopify Is Illegal in Germany by 12baad4db82 on Friday November 11, 2022 @10:59AM (#33562429)

In terms of the GDPR, your company would need to satisfy compliance of the GDPR. For small companies this is pretty straight forward, and it definitely helps to think about this early.

https://gdpr.eu/compliance-checklist-us-companies/

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Re:Shopify Is Illegal in Germany by ghoward on Friday November 11, 2022 @11:06AM (#33562522)

Ouch. That list looks onerous. Thank you for the link.

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Re:Shopify Is Illegal in Germany by oytis on Friday November 11, 2022 @11:43AM (#33563047)

Designate a representative in the EU? That doesn't seem straightforward to me, especially for a small company.

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Re:Shopify Is Illegal in Germany by ghoward on Friday November 11, 2022 @11:47AM (#33563123)

I was thinking the same thing. Even if I managed to do everything else, having to hire someone to do that would be nigh impossible.

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Re:Shopify Is Illegal in Germany by tgv on Friday November 11, 2022 @01:04PM (#33564322)

https://gdpr.eu/article-27-representatives-of-controllers-no...

The obligation laid down in paragraph 1 of this Article shall not apply to:

* processing which is occasional, does not include, on a large scale, processing of special categories of data as referred to in Article 9(1) or processing of personal data relating to criminal convictions and offences referred to in Article 10, and is unlikely to result in a risk to the rights and freedoms of natural persons, taking into account the nature, context, scope and purposes of the processing; or

* a public authority or body.

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Re:Shopify Is Illegal in Germany by ghoward on Friday November 11, 2022 @01:18PM (#33564543)

That requirement would still apply to my hypothetical code forge, unfortunately.

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Re:Shopify Is Illegal in Germany by tgv on Friday November 11, 2022 @01:31PM (#33564734)

But then it's precisely the kind of processing the EU rightly wants to address, and not only because it's the USA: China is a similar case.

But that doesn't matter to you. As long as you're too small to have a server and a (part-time) "controller" inside the EU, you seem to be out of luck (note: IANAL; there might be another way; cooperation with another small company, perhaps?).

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Re:Shopify Is Illegal in Germany by ghoward on Friday November 11, 2022 @02:29PM (#33565561)

I agree with you. I also think consumer privacy protection is important, so I'm not mad at the EU here. I'm mad at the US government for the CLOUD Act.

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