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New Service Blocks EU Users So Companies Can Save Thousands on GDPR Compliance (bleepingcomputer.com)

Catalin Cimpanu, reporting for BleepingComputer: A new service called GDPR Shield made the rounds last week and for all the wrong reasons. The service, advertised as a piece of JavaScript that webmasters embed on their sites, blocks EU-based users from accessing a website, just so the parent company won't have to deal with GDPR compliance. GDPR, or General Data Protection Regulation, is a new user and data privacy regulation slated to come into effect in the EU three weeks from now, on May 25, 2018.

The new regulation brings a wealth of protections to user privacy but is a nightmare for companies doing business in Europe. The reasons are plenty, but the humongous fines for failing to meet GDPR standards are at the top of the list for most companies ($24 million or 4% of a company's annual worldwide revenue -- whichever is higher). There's also the 72-hour deadline to reveal data breaches and the necessity of hiring a so-called "Data Protection Officer." Plus, GDPR also mandates that companies must inform users on what data they collected about them, allow them to review the data, and even let users delete the data from the company's servers if they so wish.

553 comments

  1. Nothing "new" here by Dorianny · · Score: 5, Insightful

    geofencing is not exactly a new concept. At least it finally is being used for good (privacy protection) rather then for evil (arbitrary geographical media blocking)

    1. Re:Nothing "new" here by Anonymous Coward · · Score: 1

      for good (privacy protection)

      Good is rather relative here: it's purpose here is evading privacy protection.

    2. Re:Nothing "new" here by OzPeter · · Score: 5, Insightful

      for good (privacy protection)

      Good is rather relative here: it's purpose here is evading privacy protection.

      It's not so much as evading privacy restrictions as locking out users for which privacy protections have been mandated.

      If anything you could use it as an indication to ether do or refuse to do business with a company based on what side of the GDPR fence you want to be.

      --
      I am Slashdot. Are you Slashdot as well?
    3. Re:Nothing "new" here by Anonymous Coward · · Score: 3, Insightful

      It is definitely good. A Mom and Pop shop in the states selling homemade soap can't afford to have a DPO or respond to GDPR letters from hell. As per the GDPR law, even if a place doesn't do business in the EU, if an EU resident visits a site, the site has to comply.

      Not every website is a multi-billion dollar operation that can spend the cash on this stuff.

      So, they get blocked. $9 a month is cheap insurance compared to running afoul of the EU.

    4. Re:Nothing "new" here by Anonymous Coward · · Score: 2, Insightful

      It's also totally unnecessary. Either:

      1. You do business in the EU, therefore you fall under EU jurisdiction and have to follow EU laws. This service will not help because you still need to follow GDPR to do business there.
      2. You do not do business in the EU, therefore you do not fall under EU jurisdiction and do not have to follow EU laws. This service will not help you because the EU can't touch you in order to enforce GDPR.

      They're selling snake oil.

    5. Re:Nothing "new" here by Anonymous Coward · · Score: 2

      Or maybe its an strategy to avoid harsh fines and being forced to hire personnel to ensure compliance to service just a few internet users from the EU states that visit your website.

    6. Re: Nothing "new" here by Anonymous Coward · · Score: 0

      Exactly. This type of push and pull is what markets need.

    7. Re:Nothing "new" here by mvdwege · · Score: 4, Insightful

      Tell me, what of my personal data beyond billing and shipping data for my most recent order would a Mom and Pop shop need?

      This is the usual right-wing talking point about 'onerous regulation' and it is bullshit. It is not about the small businesses, unless they are merely a bait-and-switch operation trying to gain my data to sell it on to unscrupulous marketeers. It is about massive corporations that want to be free to pillage my life for their profits, and there is always an idiot falling for their 'but think of the poor small businessmen' shtick.

      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    8. Re:Nothing "new" here by moronoxyd · · Score: 1

      Also, embedding some JavaScript into your website will probably not help, anyway. If your website logs the IP address of every visitor, you've logged the IP of every EU citizen visiting your site, even with this JavaScript active.

      Also, any account data of EU citizens that registered with your service prior to GDPR doesn't magically disappear. So you store data from EU citizen and fall under the GDPR, but since you're now blocking those people from accessing your page you stop them from contacting you about that data.

    9. Re:Nothing "new" here by Immerman · · Score: 2

      Not quite, it's purpose avoiding (not evading) the legal requirements for privacy protection, in the simplest, most direct way possible - by refusing service to those visitors whose privacy they would be required to protect.

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    10. Re:Nothing "new" here by Mascot · · Score: 3, Insightful

      It is definitely good. A Mom and Pop shop in the states selling homemade soap can't afford to have a DPO

      Good thing they wouldn't need one, then. There are criteria for when you'd need one (e.g. your business is mass storage or processing of personal data), and the odds of a tiny shop meeting any of them would be extremely slim. Heck, we're a multinational company and we don't need one. For that matter, there's no requirement to _hire_ someone, it's a role that could be assigned to any employee with sufficient knowledge of privacy laws and best practice.

      if an EU resident visits a site, the site has to comply.

      Not quite. If your site collects personal data about a EU resident, the site has to comply. If your site does not collect personal data, GDPR does not apply.

    11. Re:Nothing "new" here by BronsCon · · Score: 3, Insightful

      even if a place doesn't do business in the EU, if an EU resident visits a site, the site has to comply.

      And they can kiss my ass as far as enforcement.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    12. Re:Nothing "new" here by Opportunist · · Score: 1

      At the very least you now have a tool to see which companies consider the privacy of their customers some pesky nuisance that they try to avoid at all cost.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    13. Re:Nothing "new" here by HornWumpus · · Score: 2

      Exactly, just don't have a presence in the EU and they can pound sand.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    14. Re:Nothing "new" here by Opportunist · · Score: 1

      What information that would require them to hire a DPO? If they would be required to hire one, I sure as fuck don't want to deal with them because no soap on this planet is worth handing over pretty much any and all of my personal data.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    15. Re:Nothing "new" here by HornWumpus · · Score: 2

      Unless you have a server or office in the EU, they don't have shit.

      The law should be ignored by all non-EU web sites.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    16. Re: Nothing "new" here by Anonymous Coward · · Score: 0

      So you will have no objection when the reverse happens right? Right?

    17. Re:Nothing "new" here by CaptainDork · · Score: 1

      You're missing an important point.

      Geofencing is fine for blocking users extant to your area, but it's suicide to block customers inside your fence.

      --
      It little behooves the best of us to comment on the rest of us.
    18. Re:Nothing "new" here by DarkOx · · Score: 2

      I see because only big business should be able to profit from data. Smaller companies would not like to be able to do things too like say store your browsing history on the site to offer you discounts on products you looked at but did not buy etc.

      Sorry your rules are crappy barriers to entire and they are THE REASON THE RICH GET RICHER and nobody else gets a break.

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    19. Re:Nothing "new" here by Z00L00K · · Score: 1

      If you filter me on location then you have enough information on me to fall under GDPR and you have to release your information on me if I demand it.

      Catch-22 at its finest!

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    20. Re:Nothing "new" here by cascadingstylesheet · · Score: 1

      geofencing is not exactly a new concept. At least it finally is being used for good (privacy protection) rather then for evil (arbitrary geographical media blocking)

      So, am I liable for serving EU visitors who are already using VPNs (to lie about where they are coming from due to arbitrary geographical media blocking)?

    21. Re:Nothing "new" here by Waffle+Iron · · Score: 1

      Logic fail. The rich already got richer without this law.

    22. Re:Nothing "new" here by Anonymous Coward · · Score: 0, Insightful

      Tell me, what of my personal data beyond billing and shipping data for my most recent order would a Mom and Pop shop need?

      Don't know and your question misses the point. It isn't about whether they "need" any data. Compliance is a cost whether they sell your data or not. You're just not worth the cost.

      This is the usual right-wing talking point about 'onerous regulation' and it is bullshit.

      Yeah, whatever. Regulations have consequences. This is the kind of thing that makes it difficult for you to pretend otherwise.

      Anyone with two firing brain cells can anticipate that GPDR trolls will appear on day 1 to sue whomever has deep enough pockets to be worth suing. I suspect this sort of block will be very popular. Enjoy.

    23. Re:Nothing "new" here by Z00L00K · · Score: 1

      Recently I registered for a Fitbit and they had an added option that I had to select to opt out of data protection laws.

      But they don't understand that laws in the EU trumps any user agreement. EULAs are null and invalid if they break the law.

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    24. Re:Nothing "new" here by WoodstockJeff · · Score: 2, Insightful

      > Tell me, what of my personal data beyond billing and shipping data for my most recent order would a Mom and Pop shop need?

      What about storing information on the products you purchased, so you can be notified if there are any recalls? What about storing information to prove that certain taxes have been paid? That's two items that fall under government requirements that also fall under GDPR, along with your billing and shipping information. "Giant evil corporation" and "Mom and Pop shop" both have to deal with them.

    25. Re:Nothing "new" here by Sarten-X · · Score: 1, Informative

      Tell me, what of my personal data beyond billing and shipping data for my most recent order would a Mom and Pop shop need?

      IP address, for one.

      The GDPR is very broad in what it considers "personal information", and it's not necessarily wrong. There are a lot of ways to identify someone*, and unfortunately some of them are built in to our basic technologies, like the Internet. Under the GDPR, though, all of those potentially-useful bits of information must be protected and scrubbed.

      That means your Apache logs can't have any actual log data. It means your shipping labels are handled like highly-sensitive personal information. It means your vendors have to be able to prove GDPR compliance, or you aren't compliant yourself - and you're responsible for checking up on that.

      The regulation itself isn't onerous... it's the lack of limits and high penalties that become a double-edged sword. In my opinion, a staggered implementation would have been much more reasonable (such as allowing non-compliant vendors for a year), and tighter definitions with exemptions (like allowing 30 days of incidental logs) would drastically reduce the cost of implementing the remaining regulations.

      * In the US, the combination of ZIP code, state, and age can identify someone, and that's all old tech. Now we have IP addresses, connection latency, user-agent strings...

      --
      You do not have a moral or legal right to do absolutely anything you want.
    26. Re: Nothing "new" here by Anonymous Coward · · Score: 0

      Right, and this law just makes it easier.

    27. Re:Nothing "new" here by Anonymous Coward · · Score: 0

      We are going to build a firewall!

      And we are going to make Europe pay for it!

    28. Re:Nothing "new" here by Anonymous Coward · · Score: 1

      Order history in case you file a complaint?

      It's not that there is a large amount of data they need, but because how the law is written, those small amounts of data they need to run their business now have huge handling requirements and fines associated with them. It's better to just avoid it if they can't afford to have the proper data handling mechanisms in place.

      And remember, even if they keep absolutely no personal data about you of any kind once the order ships and it falls past any return period, they still have to have something set up in case you ask what personal information they have on you. And it can't be as simple as a form letter that says "nothing" because while your order is being processed, they do have personal info, and it needs to handle that.

    29. Re: Nothing "new" here by Anonymous Coward · · Score: 0

      Well, when people wonder why major US tech companies offer services in some countries but not others, this is why. It's a complaint that you'll hear often if you pay attention, like somebody from i.e. the UK will complain that they can't obtain x app, or somebody in Australia will complain that they can't buy something in their country, and the unofficial reseller that might have it will want a premium for it.

    30. Re:Nothing "new" here by Anonymous Coward · · Score: 0

      If a company is not in the EU then they are not beholden to this regulation. This is just more of the EU trying to impose their laws on the rest of the world.

      Personally, I advise everyone to avoid third world hell holes such as the EU and its member states.

      Signed the Rest of the World

    31. Re:Nothing "new" here by Z00L00K · · Score: 1

      It's not as simple as that - if you have operations in the EU even with servers elsewhere then you will still have problems with the GDPR.

      We will have to wait and see what happens, but it will be challenging for those that tries to work around GDPR if they want to keep EU customers. It may also be that similar regulations comes into effect in the US as well.

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    32. Re:Nothing "new" here by Anonymous Coward · · Score: 3, Insightful

      and there is always an idiot falling for their 'but think of the poor small businessmen' shtick

      With any luck Slashdot will adopt this service and you will be cut off.

    33. Re:Nothing "new" here by lgw · · Score: 2

      If you're a mom-and-pop soap shop, you don't employ any technical people - there's Bob's cousin who's "good with computers" who made your web site a couple years back. You don't ship outside the US, but people from the EU might still visit your web site.

      This is indeed onerous regulation for a business at this scale. Geoblocking fixes it for you.

      Now if you're a mom-and-pop soap in the EU, you use a vendor who takes care of this shit for you, and you just hope you won't go to jail because you once threw out a mailing label without shredding it first. Sure the regulation is still onerous, but you won't notice any more than a fish notices water.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    34. Re:Nothing "new" here by mvdwege · · Score: 4, Informative

      That canard again. IP address logging for the purposes of site operation has never fallen under EU privacy guidelines, unless that data is kept for longer than its intended purpose and used for data mining.

      Which is exactly the point of the GDPR: it says 'Don't do that and you'll be fine'. If you look at the FAQ you see that the GDPR does not cover this use of data.

      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    35. Re:Nothing "new" here by lgw · · Score: 2

      Generalization fail. The rich get richer because of regulatory capture - the more you regulate, the more the largest companies benefit, and the harder it is for the little guy to make good. Business regulation causes social immobility - might still be worth in in some cases, but don't pretend the cost isn't real.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    36. Re:Nothing "new" here by rsborg · · Score: 3, Insightful

      Tell me, what of my personal data beyond billing and shipping data for my most recent order would a Mom and Pop shop need?

      This is the usual right-wing talking point about 'onerous regulation' and it is bullshit. It is not about the small businesses, unless they are merely a bait-and-switch operation trying to gain my data to sell it on to unscrupulous marketeers. It is about massive corporations that want to be free to pillage my life for their profits, and there is always an idiot falling for their 'but think of the poor small businessmen' shtick.

      I think it was a pipe dream to think that GDPR would cause big corps to change how they do business in the US. It's clearly too profitable to let go of that sweet precious data.

      However, if there were such a small shop that inadervtently took customers (and their personal info for shipping or order fulfillment) from EU and then got a GDPR request (perhaps automated by some legal-bot), they might be best positioned to just avoid those customers in the first place.

      --
      Make sure everyone's vote counts: Verified Voting
    37. Re: Nothing "new" here by Anonymous Coward · · Score: 0

      Right?

      Right. Lock us out. Aside from an MMO I sometimes play I doubt I'd notice.

    38. Re:Nothing "new" here by mvdwege · · Score: 1

      RTFFAQ, this is not covered under "large scale systematic monitoring" or "large scale processing of sensitive personal data"

      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    39. Re:Nothing "new" here by Anonymous+Brave+Guy · · Score: 4, Informative

      Regulations have consequences.

      Yes, and the GDPR really does have significant uncertainty and cause disproportionate overheads for a lot of smaller businesses, charities, etc.

      This is the kind of thing that makes it difficult for you to pretend otherwise.

      Well, yes and no. The article here isn't great: it perpetuates a lot of myths and exaggerations. The specific blocking service mentioned has been heavily criticised in other forums already for trying to cash in on the fear while providing questionable protection.

      Anyone with two firing brain cells can anticipate that GPDR trolls will appear on day 1 to sue whomever has deep enough pockets to be worth suing.

      Unless they'd actually used those brain cells to read, in which case they'd know that the GDPR is going to be enforced primarily through government regulators, not personal legal actions. There are plenty of problems with it, but attracting ambulance-chasing lawyers isn't likely to be one of them.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    40. Re:Nothing "new" here by ScentCone · · Score: 2, Insightful

      Tell me, what of my personal data beyond billing and shipping data for my most recent order would a Mom and Pop shop need?

      So, a smaller company shouldn't be able to retain any information about which of their modest advertising expenditures resulted in which sales, and which search engine terms produced the traffic that led to the specific transactions that allow them to actually stay in business? The company's got no interest in retaining information when a customer or prospective customer uses a contact form to ask a question, or a chat tool to provide some guidance on a product? A business could easily do a million dollars worth of sales as year and still have nowhere near the budget to build all of tools the EU insists that the web site provide to anyone who's visited the web site.

      This is the usual right-wing talking point about 'onerous regulation' and it is bullshit.

      No, this is another person who's clearly never actually run a business spouting off out of ignorance, and deciding to throw a little bit of the usual vitriolic, unhinged politics in just because they can't say or do anything without dishing out some of that poison no matter what they're talking about.

      It is about massive corporations

      If it were, it would only apply to them. But it doesn't, which you know. So stop lying.

      This is about yet more leftist muscle-flexing from the land of we-still-haven't-figured-out-that-the-Nanny-State-crushes-people seeking to make every small business give up and turn all of their operations over to giant corporations that can be better micromanaged by EU bureaucrats who specialize in nest-feathering and empire building to preserve their non-productive careers.

      there is always an idiot falling for their 'but think of the poor small businessmen' shtick

      Yup, definitely someone who has exactly zero experience running a business. Even a mid-size one with dozens of employees. Please take your ignorance and spite into account and make you don't do anything dangerous to other people. Like, say, voting. You're not equipped for it by knowledge or disposition.

      --
      Don't disappoint your bird dog. Go to the range.
    41. Re:Nothing "new" here by mvdwege · · Score: 3, Informative

      RTFFAQ, this is not covered under "large scale systematic monitoring" or "large scale processing of sensitive personal data"

      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    42. Re:Nothing "new" here by Anonymous Coward · · Score: 0

      DPO is required for companies with over 250 employees. And customer support is quite common when dealing with, you know - customers.

    43. Re:Nothing "new" here by Anonymous+Brave+Guy · · Score: 1

      That means your Apache logs can't have any actual log data.

      No, it doesn't. This is a myth.

      It looks like organisations are tending to shift towards processing based on their legitimate interests rather than consent, because the moment consent is necessary under the new regulations, all the new subject rights activate. There do still have to be legitimate interests, obviously, and they still have to be balanced against the privacy of the data subject, which is a horribly ambiguous situation. But if you need to keep server logs for genuine and reasonable purposes like diagnosing faults or detecting security/fraud problems, that's OK as long as you treat that data sensibly.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    44. Re: Nothing "new" here by Anonymous Coward · · Score: 2, Insightful

      Simple as this, then. If I don't do business with Europe right now, I don't want to spend even a microsecond caring what their regulations say. Since the EU has announced that I must spend a microSD slot or more thinking about it or I could literally be sued into usury, I will find the cheapest and easiest way to deal with that.

      I will block the EU entirely. Seems cheaper and easier than even reading their document. After all, I need to be paid 15 dollars an hour to survive. And I bet their documents cost more than 30 minutes of my time.

      See, simple as that.

      Enjoy your circle jerk.

    45. Re: Nothing "new" here by Anonymous Coward · · Score: 1

      Yet you posted your comment on a US website.

    46. Re: Nothing "new" here by HornWumpus · · Score: 1

      Long since happened. I'm describing the current status quo.

      I will note that _they_ still haven't been able to block piratebay.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    47. Re:Nothing "new" here by ceoyoyo · · Score: 1

      Yeah, you're right. The EU regulations probably don't go far enough making it difficult for the big companies to profit off users' data.

    48. Re:Nothing "new" here by ceoyoyo · · Score: 1

      Yeah. Is there an easy way to autodetect websites with this installed yet? Maybe Chrome and Firefox could make the address bar have a scary red background when you visit such a site?

    49. Re:Nothing "new" here by ceoyoyo · · Score: 1

      Not just the EU. You can't waive your rights in Canada either.

      It's always struck me as a particularly odd part of US law that you have "inalienable rights" and yet you're free to sign a piece of paper (or click on a button on a webpage) and waive them.

    50. Re: Nothing "new" here by saloomy · · Score: 1

      Every free blog and newspaper website supports itself through the use of ads. If those ads violate, but the GPDR trolls attack the small outlet. This won't be cool.

    51. Re:Nothing "new" here by mvdwege · · Score: 1

      Or at least minimally covered. If you have a sensible IT architecture to start with, all you need is reasonable security and to be able to delete info on request.

      What's that you say? You are too incompetent to have invested in decent infrastructure? Oh no, you are competent, but you're a fucking data miner wanting to get rich off of leeching my info? Fuck off and die then.

      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    52. Re:Nothing "new" here by Anonymous Coward · · Score: 0

      Accidently moderated incorrectly ...

    53. Re:Nothing "new" here by Mascot · · Score: 1

      My impression is that you're not very familiar with what the law mandates. What you'd need to do to be compliant and offer the functionality you mention, is something a one-person company could handle with no issue. Not to mention that odds are a small business like that would buy an off the shelf webstore, which would include the required functionality and the documentation of it.

      It doesn't take much to be compliant. Roughly speaking: informing the user, having them opt-in, letting the know what data is collected, and to delete it if they should so desire.

    54. Re:Nothing "new" here by Wrath0fb0b · · Score: 2

      Having run a very large scale service, I can say that my legitimate interest was "log as much as we have storage for" so I don't have to go in front of the bosses and say "things are failing but we don't log enough to know why". Of course, this is a defensive position -- I hope there are no issues and that my logs remain forever unreviewed. But if there is an issue, I can't predict ahead of time what information will be needed to diagnose and fix it.

      None of it was used for marketing purposes, and it was tightly controlled (engineering didn't even have the ability to search logs in production) but I couldn't guarantee that it's GDPR compliance. And I can't justify spending $50K on a legal review to have someone check.

    55. Re: Nothing "new" here by houghi · · Score: 1

      If the person is lying sbout who he is and you show that you did follow that information and show you had no idea he was lying, you will be in the clear. If you took reasonable steps, there is no issue.

      --
      Don't fight for your country, if your country does not fight for you.
    56. Re:Nothing "new" here by BlueStrat · · Score: 1

      Do you have to work at being this stupid? All these scenarios are not covered by the GDPR.

      You must possess expert knowledge as apparently you've worked much harder at "stupid".

      Enough things ARE covered that for many websites, businesses, and services on the internet outside the EU, blocking EU visitors is the cheapest and simplest solution.

      Just the amount of time spent trying to find out what the GDPR covers is worth far more than the USD $9 required to block EU visitors and remove all compliance worries.

      Enjoy your "kid's table" internet. When you've matured we may allow you to sit with the grown-ups.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    57. Re:Nothing "new" here by Anonymous+Brave+Guy · · Score: 1

      Part of the problem is that no-one can guarantee GDPR compliance in most cases, no matter how much you pay a lawyer or other specialist advisor. The law is vague and ambiguous on key points, and there aren't any magic eight balls to tell you which way they'll be interpreted. Even the official guidance is vague, often to the point of being completely useless! The only defence most of us within its scope have is that regulators might try to be constructive about enforcing it, particularly in the early days when no-one really knows where the boundaries are. That's not much comfort, though.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    58. Re:Nothing "new" here by Anonymous Coward · · Score: 0

      wah merkin doesn't like it when the boots on the other foot and it's not his nation trying to impose a their shitty laws on the rest of the world.

    59. Re:Nothing "new" here by LynnwoodRooster · · Score: 1

      Tell me, what of my personal data beyond billing and shipping data for my most recent order would a Mom and Pop shop need?

      I run a small "mom and pop" shop (well, 5 people). We track all your orders - and all your contacts. We track if you've "liked" or followed anything on our social media. And then we'll send you updates on new offerings and events that are targeted to what you've ordered in the past as well as what you've liked/followed. It proves to yield a higher level of follow-on sales.

      Thankfully, we don't have any EU dealers/distributors yet, so we'll just go ahead and focus on North America and Asia, instead. After all, the future IS Asia - half the world's population lives in India, China, and SE Asia, and they're all loving from 3rd and 2nd world status to 1st and 2nd, and have money to start consuming.

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    60. Re:Nothing "new" here by q_e_t · · Score: 1

      So you can alien yourself? At least it is legal.

    61. Re:Nothing "new" here by LynnwoodRooster · · Score: 1

      Looking at the page you link, it says anything that can identify an individual - including an e-mail address or name - is under the auspices of the GDPR. So that mom and pop shop, who keeps a record of who bought from them in their Quickbooks account, is not subject to the GDPR. Additionally, since they most likely control/own the data AND use it for looking up "who bought the last version of this product", they are the controller and processor and thus are subject to all aspects of the GDPR.

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    62. Re:Nothing "new" here by TechyImmigrant · · Score: 1

      It is definitely good. A Mom and Pop shop in the states selling homemade soap can't afford to have a DPO or respond to GDPR letters from hell. As per the GDPR law, even if a place doesn't do business in the EU, if an EU resident visits a site, the site has to comply.

      Not every website is a multi-billion dollar operation that can spend the cash on this stuff.

      So, they get blocked. $9 a month is cheap insurance compared to running afoul of the EU.

      A mom and pop shop doesn't need to keep personal data on people.
      Complying with GPDR is easy. My wife's shop manages it just fine, by not hanging on to all that information.

      --
      I should use this sig to advertise my book ISBN-13 : 978-1501515132.
    63. Re:Nothing "new" here by Anne+Thwacks · · Score: 2
      Good is rather relative here: it's purpose here is evading privacy protection.

      No. Its purpose is avoiding having customers in the EU.

      Those of us in the EU have voted against having suppliers who know their business methods contravene the GDPR.

      This solution is a gigantic win for everyone involved!

      --
      Sent from my ASR33 using ASCII
    64. Re: Nothing "new" here by Anonymous Coward · · Score: 2, Funny

      Also being able to calculate helps in surviving.

      Option 1: Pay a service 9 dollars/month.
      Option 2: Use say 1 hour at a cost of 15 dollars.

      After two months actually reading would save you money.

    65. Re:Nothing "new" here by Sarten-X · · Score: 2

      If you look at the FAQ you see that the GDPR does not cover this use of data.

      Oh, let me just look at that...

      What constitutes personal data?

      Any information related to a natural person or ‘Data Subject’, that can be used to directly or indirectly identify the person. It can be anything from ... a computer IP address.

      Well, crap. Maybe I don't need to worry if it's just a log?

      Unfortunately, the actual text doesn't mention logs at all. Neither does it make any exemption for temporary storage, and it also doesn't actually define boundaries for what's "data mining", since it includes no mention of data mining at all. In fact, most of its restrictions are on the "processing" of personal data. Let's look at what that is:

      'processing' means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

      In other words, running grep on a log is processing. Looking at Article 6(1) and 6(4), the processing of an IP address (as any other personal data) requires either consent or official authorization... unless the personal data belongs to a child, in which case only official authorization will suffice, but there's very little I see here about what that actually entails.

      Now, the GDPR doesn't actually enact law itself; that's up to the Member States. Those laws could be better-written to allow reasonable things like a traffic log where the identifiable information is never intended to be resolved, but under the text of the GDPR, the laws could also be broad enough to forbid such things.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    66. Re:Nothing "new" here by LynnwoodRooster · · Score: 2

      From your link:

      What constitutes personal data?
      Any information related to a natural person or ‘Data Subject’, that can be used to directly or indirectly identify the person. It can be anything from a name, a photo, an email address, bank details, posts on social networking websites, medical information, or a computer IP address.

      So that mom-and-pop shop with your name or e-mail address is completely subject to these regulations. I guess we cannot keep tracking numbers, invoice records, etc.

      Of course, Mr. IRS (or your country's equivalent) doesn't look kindly on NOT having records of where the money came from, especially if they're a repeat or larger customer. I'm sure Mr. IRS will waive any and all actions on me if I say "I make everything a 100% cash sale and a 100% cash purchase so I do not store any data and do not fall afoul of the GDPR; trust me that this is the right amount of money coming in and out and it wasn't gathered/used for nefarious means".

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    67. Re:Nothing "new" here by LynnwoodRooster · · Score: 1

      FALSE. The ONLY place "large scale systematic monitoring" is referenced on your FAQ page is "do I need a Data Protection Officer". It says NOTHING about those who still have controlled/regulated data (names and e-mail addresses) being exempt from the GDPR. Nothing. it simply says that if you do "large scale systematic monitoring" (which isn't really clarified in the first place; is that 100 people? 1000? 10K? 1MM?) need a DPO.

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    68. Re:Nothing "new" here by LynnwoodRooster · · Score: 1

      Here's a legal GDPR request that would be extremely onerous for someone using Quickbooks Online. Or Zoho One. Or any other online accounting/sales-lead package. Do you KNOW with certainty, where all the online stored data you've ever had over the last 12 months is really stored? Is it only in the US, Germany, or Japan? Are you certain it never existed - even for a microsecond - in a different country's server? Because if you're wrong - you violated the GDPR and are now subject to fines of 20MM Euros or 4% of revenues - whichever is higher.

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    69. Re:Nothing "new" here by LynnwoodRooster · · Score: 1

      Per the GDPR FAQ, your name and e-mail address - basics kind of needed to ship you another product and notify you of shipment - are all they need to store. It's not all your personal data, just your name and e-mail address.

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    70. Re:Nothing "new" here by LynnwoodRooster · · Score: 1

      So if I run a US company, and have a US (.com) website, am I doing business in the EU if someone from the EU orders from me? If yes - then I need to essentially stop all sales to the EU. If not - then how does this apply to any company without a physical presence in and/or a country domain of the EU?

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    71. Re:Nothing "new" here by WaffleMonster · · Score: 1

      Tell me, what of my personal data beyond billing and shipping data for my most recent order would a Mom and Pop shop need?

      Personal data in EU parlance means a lot more than it does in the US. Your web servers access log is subject to GDPR because IP is personal data. Your customers can demand all of their data from you including everything in your access logs related to them.

      Someone who just wants to sell shit and not spy on their customers or misuse data is negatively affected by GDPR.

      This is the usual right-wing talking point about 'onerous regulation' and it is bullshit. It is not about the small businesses, unless they are merely a bait-and-switch operation trying to gain my data to sell it on to unscrupulous marketeers.

      Laws that define what you can or can't do are different from laws that create compliance rackets. Naming protection officers, process and record keeping mandates and requiring of an EU interface all point to "onerous" compliance requirements.

      At the end of the day the GDPR won't accomplish anything because it focuses on the handling of data and policy transparency. It doesn't address the root issue of limiting the front end collection and using of data in the first place which is the real problem.

      It doesn't provide customers with real choices that don't devolve into take it or leave it demands. There is no special GDPR compliant version of Windows 10 free of data collection spyware just for the EU. Instead there is a data transparency tool that shows a non-exhaustive list of some of your data as it is transmitted to Microsoft regardless of whether you want it to or not.

      EU websites still have tracking bugs and connections to all of the major data collection firms including Google, Facebook and Twitter same as US websites.

    72. Re:Nothing "new" here by Anonymous Coward · · Score: 0

      "and there is always an idiot falling for their 'but think of the poor small businessmen' shtick."

      Yep. This post is a perfect example.

    73. Re:Nothing "new" here by Immerman · · Score: 1

      Only if I store the information. Easy enough to do an IP filter and simply refuse service and discard that info.

      Or, since this "service" is apparently implemented Javascript, I may not filter you at all, rather the Javascript runs on *your* computer, determines you are in the denied zone, and terminates the connection without me ever knowing anything except that someone downloaded the page and then "vanished".

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    74. Re:Nothing "new" here by fredrated · · Score: 1

      Thanks for the link, but I have to 'join' them to see the content you link to. No thanks.

    75. Re:Nothing "new" here by ceoyoyo · · Score: 1

      No, you can alienate your rights. You remain an imperial subject.

    76. Re:Nothing "new" here by mvdwege · · Score: 1

      Good. Due diligence is not something you can outsource. You can't be bothered to protect my data? Go bankrupt. Instant Karma.

      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    77. Re:Nothing "new" here by Anonymous Coward · · Score: 0

      An IP address does not identify a person, it identifies a computer. Computers are not people. My IP is 10.4.32.125, can you tell who I am?

    78. Re:Nothing "new" here by mvdwege · · Score: 1

      "Legitimate interest"

      More I am not going to tell you. Do your own fucking homework.

      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    79. Re:Nothing "new" here by Anonymous Coward · · Score: 0

      Since you're against laws with teeth that protect your privacy, please post your full name, DOB, SSN, and home address.

    80. Re:Nothing "new" here by mvdwege · · Score: 1

      we'll send you updates on new offerings and events that are targeted to what you've ordered in the past as well as what you've liked/followed. It proves to yield a higher level of follow-on sales.

      In other words, you're a fucking spammer. I hope the GDPR kills your 'bizniz'.

      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    81. Re: Nothing "new" here by c6gunner · · Score: 1

      Your wife's shop doesn't provide the ability for users to create an account? It doesn't store order details and financial records? It doesn't send confirmation emails?

      What's she running, a static HTML page on GeoCities saying "come pay cash at our physical store"?

    82. Re:Nothing "new" here by LynnwoodRooster · · Score: 1

      Um - it's not YOUR DATA! That's the point! You GAVE that data to the company, and they are using it. Now, you might not LIKE that they are using it, but you WILLFULLY GAVE IT TO THEM and are attempting to force them to stop using what you gave them! Completely nonsensical. Or must I comply with the GDPR and basically purge all records from all EU citizens - and thus not offer the EU-required 2 year warranty, since I do not have (nor can I reasonably keep - at least on my budget scale) the original data the consumer gave me when they registered their product?

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    83. Re:Nothing "new" here by LynnwoodRooster · · Score: 1

      Don't worry, Mother State will take care of you!

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    84. Re:Nothing "new" here by iamhassi · · Score: 1

      It's not so much as evading privacy restrictions as locking out users for which privacy protections have been mandated.

      If anything you could use it as an indication to ether do or refuse to do business with a company based on what side of the GDPR fence you want to be.

      Sounds like the GDPR fence is too high and risks too great for most companies to bother with unless their entire business revenue comes from countries with GDPR protections. Legislators can only ask a company to jump through so many hoops before they decide it's just not worth it. For example, say a website had a average profit of $50 per EU user per year. But to implement GDPR and hire a data protection officer will average $100 per EU user per year. It's just not worth it to the company, they either charge EU users much more or lock them out.

      --
      my karma will be here long after I'm gone
    85. Re:Nothing "new" here by MeNeXT · · Score: 1

      It sounds to me like your are building it into something that it isn't. I've worked with small business and every single point you mention simply doesn't apply or can be pulled out from the accounting software or POS. We are talking mom and pop here. They run a marketing campaign and if they track anything at all is the number of sales. They don't track who bough this based on what ad. If they do track it it is in their POS and accounting software which is as easily accessible as it would be for a large corporation. The problem here is third party agreements where the data is shared. So if it's too much trouble don share your clients information.

      Medium to large business may. It's funny that they can automate the capture and sharing of information and can't automate the retrieval of the information.

      --
      DRM? No thanks, I'll just get it somewhere else...
    86. Re:Nothing "new" here by laurencetux · · Score: 1

      well lets see I suppose that a fed level LEO could see who owns that block (if you gave a PUBLIC address) and then have them look at their records to see who had that address at the date/ time in question.

      (so its not enough to charge YOU but it is enough to have a "Chat" with anybody known to have been there at the time)

    87. Re:Nothing "new" here by MeNeXT · · Score: 1

      And thank the EU for stopping this. If you don't know then don't use it. Your point that a business can leave my personal information, unsecured, or unsure whether it's secured and not be responsible is just plain stupid. If you think it isn't then just give me your name, your birth date and your current address.

      I managed and manage business and I can say for certain that I know exactly where all my client data was/is located over the past 30 years. That is the point. If you don't know then you don't care about your clients and it needs to stop.

      --
      DRM? No thanks, I'll just get it somewhere else...
    88. Re:Nothing "new" here by Anonymous Coward · · Score: 0

      ...vitriolic, unhinged politics...

      Which is of course stinkcone's specialist subject

    89. Re:Nothing "new" here by Bert64 · · Score: 1

      How could a site that is neither hosted in the EU, nor does business in the EU be forced to comply with a law just because a user from there happened to visit the site?
      There are many websites out there which blatantly violate laws in certain countries while being perfectly legal in the location where they are hosted.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    90. Re:Nothing "new" here by LynnwoodRooster · · Score: 1

      This is nothing about storage. Under the GDPR you have the "right to request" how a company is using your data, how it classifies your data, how it categorizes what it knows about you. Even if it is 100% secure, offline.

      Furthermore, if it shares your personal information - like putting your name and address into a UPS or DHL shipment - you have the right to know all about that and it must answer correctly or face penalties. You also have to identify any and all jurisdictions worldwide where that information was. So if that shipment left Canada, landed in the UK, train to Belgium, truck through Germany, down into Austria - unless I know all the details (including the 4 mile stint through the Netherlands), I am not in compliance.

      This is MUCH MORE than just about securing data. Read that linked letter again and think about the implications. But hey, screw business, amiright? After all, what did they ever do for you (other than offer you a job)?

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    91. Re:Nothing "new" here by Bert64 · · Score: 1

      There days due to NAT your public address could be shared with many thousands of other users. While the ISP should be able to resolve an individual user, they will need to know the dates/times and source ports at least, assuming they even keep logs of the data.
      It was much easier to track down when an ip address was exclusively used by one user.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    92. Re:Nothing "new" here by Baloroth · · Score: 1

      They don't have to hire a data protection officer, but they still need to follow everything else.

      --
      "None can love freedom heartily, but good men; the rest love not freedom, but license." --John Milton
    93. Re:Nothing "new" here by Bert64 · · Score: 1

      Have you never thought that maybe people don't want these updates?
      "But we only send once or two a month" multiplied by all the hundreds of companies that do so, and pretty soon people are flooded with crap.
      I'm not going to decide i want something just because i receive spam (or a visit to the door) telling me so, that will annoy me and cause me to refuse to purchase from the spammers. I never buy anything that someone tries to sell me on the doorstep, and wouldnt buy anything without shopping around first.
      I find it insulting being told what i want, if i want to buy something i will go out and look for it.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    94. Re:Nothing "new" here by Anonymous Coward · · Score: 0

      Non EU business can ignore EU bullshit. Not-my-laws ... is the jaw. EU Trotsky-ites can threaten all they want. Just keep your money out of Frogland, Amsterdamned and Germano-turkeystan.

    95. Re:Nothing "new" here by LynnwoodRooster · · Score: 2

      It turns out, return sales are higher than new sales. Customers who have already bought from us like to buy again - because they already know what they're getting. Did it ever occur to you that you could simply opt-out at the beginning, or any subsequent e-mail (and that is an option we offer)? But either way - I know have a big set of EU regulations about how I control/use/store/analyze my data because of - why?

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    96. Re:Nothing "new" here by HornWumpus · · Score: 1

      And yet you blame Facebook, after you do those very things.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    97. Re:Nothing "new" here by Anonymous Coward · · Score: 0

      Pillage yo life azzwhole ? But, your life is worth nothing, nada, nix. nyte, zero compared to the productive marketing genius of American Megacorp Powerhead INC. Grind you into synders, so hoover-up & shut up little man and pay yo duuuz.

    98. Re: Nothing "new" here by Anonymous Coward · · Score: 0

      It's not what data a company needs, but that company having to deal with *individual requests* to make what info they have , and to delete that info, upon request.

      That means either a website change - hard if you're behind wix - or handling requests by hand. Both not easy.

    99. Re:Nothing "new" here by Sarten-X · · Score: 1

      I'm doing my own homework... and it's simply not agreeing with your assessment.

      "Legitimate interest" also isn't mentioned in the FAQ. In the text of the GDPR, "legitimate interest" only comes into play for processing (under Article 6(1), point (f)) when:

      processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

      Again, as it's written, logging an IP address would open an enterprise to liability, because they can't be sure that the IP address doesn't identify a child (or other person with required protection). According to Article 11, the enterprise wouldn't have to gather extra data to make that determination, but they first have to demonstrate that they don't have the ability to identify someone from the data they do have. If they have any other identifying information (like the shipping address in the case of the mom-and-pop store), then such demonstration would be impossible, and that limited protection would fall away.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    100. Re:Nothing "new" here by Kernel+Kurtz · · Score: 1

      Tell me, what of my personal data beyond billing and shipping data for my most recent order would a Mom and Pop shop need?

      I don't collect any data from anyone, but I use Google Analytics on some websites and ostensibly it can collect enough data that Google sends out emails to admins telling them all to check their settings to make sure they are compliant with GDPR.

    101. Re:Nothing "new" here by Anonymous Coward · · Score: 0

      Here in the US, there are people in prison, and were sued and lost because it was ruled that their IP identified them enough to pass preponderance of evidence (in civil), and reasonable doubt (criminal).

      There is a good reason why people use VPN software here in the US, and it isn't because of the lock icon on the titlebar.

    102. Re: Nothing "new" here by Anonymous Coward · · Score: 0

      So why are you posting here?
      You don't do business in the EU, and yet you spend time commenting on this issue anyway.
      Seems like you are wasting time. Time that could have been spent reading GDPR.

    103. Re:Nothing "new" here by Anonymous Coward · · Score: 0

      "That canard again. IP address logging for the purposes of site operation has never fallen under EU privacy guidelines,"

      Except it might.
      [https://eugdprcompliant.com/personal-data/ ]
      And even right in your own link:
      """
      What constitutes personal data? .... or a computer IP address.
      """

      There's no specific exception, other than our armchair lawyer interpretations of what we "hope" it means. That'll be for the lawyer who mails you and the lawyer you hire to work out.

      Public organizations in the US and the lawyers advising them are already talking about how to limit access to technical data and include it in requests for data scrubbing. That is the BIG onus.. that the "technical data" must be included in the ability to scrub. Lots of work for IT people to set up a system of search, scrub, and verify for the legal department.
      Even if the removal of the technical data a routine deletion of old log data"or some such, you may have to be able to *prove* that it's gone and have a system for doing so in a large organization.

      Just because you don't think the law says it or the lawmakers themselves even intended it, that's how it's turning out. Whoops, badly written laws are still bad.

    104. Re: Nothing "new" here by Anonymous Coward · · Score: 0

      If theyâ(TM)re based in the states and donâ(TM)t do business in the EU, why would they care if theyâ(TM)re breaking EU laws?
      Or is the EU planning on trying to pull the same stunts the US does, trying to claim their laws apply to the whole world?

    105. Re:Nothing "new" here by Sarten-X · · Score: 1

      My street address doesn't identify a person, either, but it is certainly personal data.

      The problem is what can be done with the data, and whether you can reasonably expect to reach a person with it. A street address might just get you to a household or an office, but you can then ask around and probably find who you're looking for. Similarly, an IP address will get you to a city/region, and with the appropriate other logs (like ISP data, or another website, or the like), you can probably find a good guess for who you're looking for.

      From a legal perspective, then, the balance lies between protecting everything that might aid identification (which is what the GDPR does) and protecting only the data that identifies individuals directly. From a security perspective, the latter extreme is practically useless, because it's trivial to correlate unprotected data to produce the protected identity.

      This is why I said the GDPR isn't wrong in being broad with definitions. The risk is also broad. My concern with the GDPR is that there seems to have been very little consideration for just how crucial some of the protected data is for infrastructure's functionality.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    106. Re:Nothing "new" here by Teun · · Score: 1

      It doesn't provide customers with real choices that don't devolve into take it or leave it demands. There is no special GDPR compliant version of Windows 10 free of data collection spyware just for the EU. Instead there is a data transparency tool that shows a non-exhaustive list of some of your data as it is transmitted to Microsoft regardless of whether you want it to or not.

      I don't agree with all your objections but re. Microsoft you are damn right.
      But not for the obvious, take Facebook and its abuse of user data, since months no one has an excuse not to know but most just shrug it off and continue feeding the beast.
      In other words, providing 'real choices' does not work, by lack of moral in many businesses legislation is needed.

      Now we need to wait for EU legislation forcing Microsoft to stop this at the moment unavoidable mining.

      --
      "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
    107. Re:Nothing "new" here by Anonymous Coward · · Score: 0

      The IRS will definitely audit if a business has no names of all the people it gets money from, and ships stuff to. In fact, this might be tax fraud, and saying, "oh, we don't have names because of the GDPR" is BS.

      You have to have that data if you want to do a transaction, even if it is sending a letter. The GDPR forces even a business run by a retired person to have a DPO, and all this regulatory compliance, effectively putting them out of business.

    108. Re:Nothing "new" here by Teun · · Score: 1

      One such website is Doctor Phil, they now block all European IP's.
      Not that much is lost :)

      Access Denied
      You don't have permission to access "http://www.drphil.com/" on this server.

      Reference #18.5a9645f.1525724126.d8d9a54

      --
      "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
    109. Re:Nothing "new" here by peppepz · · Score: 1
      Pfft, the usual EU fearmongering coming from the anglosphere.

      Here is a list off the top of my head of the EU legislation initiatives that should have caused death and destruction according to a vast number of commenters here:

      • - RoHS would have caused the formation of tin whiskers in all sorts of electronic devices, thereby bringing about the end of the world as we know it;
      • - the ban on incandescent light bulbs would have caused the economy to crash and the pollution to increase;
      • - the tracking cookie alert policy would have been impossible to implement and result in massive fines for the average blog owner.

      None of those bleak predictions have become true, yet people keep to genuinely believe that the EU is ran by incompetent fools who are out to destroy the lives of their citizens with byzantine laws and obtuse obligations. This time they're trying with privacy laws. Hint: unless your business model involves trading user data, if you're already following the common best practices for storing sensitive information, you won't need to do much in order to be compliant (here's a hipster intro page about the new regulation).

    110. Re:Nothing "new" here by Anonymous Coward · · Score: 0

      Wow, facts. SJWs hate that, your in for it now.

    111. Re: Nothing "new" here by Anonymous Coward · · Score: 2, Interesting

      Thing is, that "letter from GDPR hell" would take less than ten minutes for a mom and pop to complete accurately, _if_ the organisation is in compliance with _current_ law.
      Of course, if the organisation isn't currently in compliance with the law.

    112. Re:Nothing "new" here by drsquare · · Score: 1

      So now you're playing the odds as to whether you're going to be hammered by EU regulations? If you don't serve the EU you don't have to worry about their criteria.

    113. Re:Nothing "new" here by Anonymous Coward · · Score: 0

      > the combination of ZIP code, state, and age can identify someone

      That can't possibly be true. Knowing ZIP/state/age, you could pretty easily get a list of several hundred people sharing those data points. How can you decide which of them is me? You have to know something else. Even if you use ZIP+4, you're still going to have to guess.

    114. Re: Nothing "new" here by Anonymous Coward · · Score: 0

      Suddenly running a business is "right wing" now?

      Are you really that fucking stupid? You realize this will harm your black trans prosthetic vagina distributor just as much as my Nazi flag warehouse, right?

    115. Re:Nothing "new" here by TechyImmigrant · · Score: 1

      The GPDR is European union legislation. not US legislation.

      The compliance requirements like appointing officer roles by GPDR is not more onerous and certainly a subset of those imposed on US companies by PCI-DSS.

      --
      I should use this sig to advertise my book ISBN-13 : 978-1501515132.
    116. Re: Nothing "new" here by Anonymous Coward · · Score: 0

      On a US piece of hardware, running US software, on US created infrastructure, etc etc etc.

      Typical Europeans. Take everything you can, pick the gold fillings out of ovens, and spit on the people you exploited.

    117. Re: Nothing "new" here by Anonymous Coward · · Score: 0

      Until you want something that was made somewhere other than your 3rd world shithole...

    118. Re:Nothing "new" here by mvdwege · · Score: 1

      I note you do not deny being a spammer.

      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    119. Re:Nothing "new" here by Anonymous Coward · · Score: 0

      Do your own fucking homework.

      Why should I put any actual thought into this issue, when the GDPR authors evidently didn't?

    120. Re:Nothing "new" here by wyHunter · · Score: 1

      Exactly. The sad thing is that small businesses in the USA can't sell to Europe - but it is what it is.

    121. Re:Nothing "new" here by wyHunter · · Score: 1

      No. It's about small businesses too. Believe it or not, small business DOES retain your name and address in their records, and GDPR and it's "Forget me" regulation is exactly targeted to force individuals to tell a business they do want to be forgotten. YES, there are mega businesses that do this but - guess what? - these businesses DO want to do business in the EU and have implemented GDPR regulation. I'm terribly sorry but you lovers of the little guy really only want to see him crucified.

    122. Re:Nothing "new" here by ljw1004 · · Score: 1

      So, a smaller company shouldn't be able to retain any information about which of their modest advertising expenditures resulted in which sales, and which search engine terms produced the traffic that led to the specific transactions that allow them to actually stay in business? The company's got no interest in retaining information when a customer or prospective customer uses a contact form to ask a question, or a chat tool to provide some guidance on a product? A business could easily do a million dollars worth of sales as year and still have nowhere near the budget to build all of tools the EU insists that the web site provide to anyone who's visited the web site.

      Sounds brilliant. I suggest your hypothetical Mom&Pop website should have a checkout button marked "I agree to a $0.05 discount on my purchase in exchange for granting [shop] the right to retain data on what I bought, when, what are my other interests, which website I visited prior to buying, and to sell any and all of that information on to other advertisers." From all the customers electing to pay the extra $0.05 to avoid that, well, they the shop can stack up their pennies and build the damned tools that they should have created in the first place.

    123. Re:Nothing "new" here by Anonymous Coward · · Score: 0

      You're reading it wrong.

      From the time you get a request, you have 30 days to comply. If the retention period for your IP-based logs is less than 30 days, then there is no data to provide when you provide logs to the customer at day 30.

      So no, keep your logs for 28 days and you'll be fine.

    124. Re:Nothing "new" here by Phillip2 · · Score: 2

      You don't need to hire a data protection officer whatever the abstract says. You need to have some one designated in this role; it's like someone has to be responsible for safety, someone has to be responsible for first aid. A large company may well have a specific person whose job is only to do this, but most don't.

    125. Re:Nothing "new" here by Aristos+Mazer · · Score: 1

      The GDPR gave a year's notice before coming into effect. No, it isn't staggered implementation, but it still gave time for the companies to adjust. This isn't just appearing out of the blue.

    126. Re: Nothing "new" here by Anonymous Coward · · Score: 0

      Exactly this. Most websites I visit don't need or have my personal info. Geofencing is only needed whenever I register. When it comes to shopping most websites won't even allow me to order or register because they don't deliver abroad. A storm in a glass of water if you ask me. Also if you have my personal info I actually agree I should have full control of that data. History has taught me repeatedly they cannot handle my info responsibly.

    127. Re:Nothing "new" here by Sarten-X · · Score: 1

      There are a few ZIP codes that cross state lines, usually only by a small area. Thus there are combinations of ZIP and state that narrow down to a few dozen people, so knowing the age is enough to uniquely identify those folks. For the majority of people, yes, you'd need something else... but the minimal combination can identify some uniquely.

      It makes a great example, because most people will make the same assumptions you have: ZIP codes are big areas, states are big areas, and lots of people share ages. It's not intuitive to think that those vague details could possibly identify someone. However, in these cases, it's not the majority that matters - it's the outliers. The majority of people in this ZIP code don't live in that state, and the majority of people in that small region don't have that age.

      To the subject at hand, the notion of "personal data" used in GDPR is broad to the point of absurdity. It refers to a person who "can be identified, directly or indirectly, in particular". That means that if it's possible to narrow down that person's identity, their data all has to be protected. To ensure compliance, then, you have to account for every possibility, including the chance that a strange combination will identify someone.

      In fact, even the city itself can be an identification: Buford, Wyoming has only a single resident, and also has its own ZIP code.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    128. Re:Nothing "new" here by Sarten-X · · Score: 1

      Understood, but I'm rather pessimistic when it comes to business agility, especially regarding compliance.

      If it's enforced May 25th, most companies won't aim for compliance before May 24th, because they want as much time for their own changes as possible. Since a company's compliance is dependent on their suppliers also being compliant, there's a cascade effect if a critical supplier isn't able to meet their deadline, or changes plans at the last minute. Notably, I'm expecting chaos when US companies realize in the next few weeks that their biggest customers are actually in the EU, and they have no compliance plans. Their customers will be looking elsewhere for compliant vendors as Americans scramble to understand what's going on.

      At this point, it's inexcusable for any company to be caught unaware. Naturally, that won't stop management from making excuses.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    129. Re: Nothing "new" here by TechyImmigrant · · Score: 1

      We have financial records.
      For the brick-and-mortar ship: User accounts, no.
      For the related but separate wholesale business, there are contractual relationships which include compliance disclosures.

      People run around with their hands in the air worrying about how hard it is to comply with these things, when it isn't actually hard. It's just work.

      --
      I should use this sig to advertise my book ISBN-13 : 978-1501515132.
    130. Re:Nothing "new" here by Anonymous Coward · · Score: 0

      Lawful basis for processing:
      Processing is necessary for compliance with a legal obligation to which the controller is subject.

      So basically if you're required to do something by law you can store and process personal data all you want.

    131. Re:Nothing "new" here by Registered+Coward+v2 · · Score: 1

      That canard again. IP address logging for the purposes of site operation has never fallen under EU privacy guidelines, unless that data is kept for longer than its intended purpose and used for data mining.

      Which is exactly the point of the GDPR: it says 'Don't do that and you'll be fine'. If you look at the FAQ you see that the GDPR does not cover this use of data.

      It comes down to the tradeoff of lost revenue vs. potential compliance costs and / or fines of unknown magnitude. It's simply easier to say "EU nationals not welcome here" if yo are located outside of the EU than comply if the revenue hit is small.

      Of course, there is the whole extra territorial issue: if an EU national vests my non-EU located site I should not be expected to follow EU rules. If you think that I should then you have to allow the US government to tell companies to hand over data held anywhere in the world if there is even teh slightest nexus, as well or face fines.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    132. Re:Nothing "new" here by BlueStrat · · Score: 1

      They don't have to hire a data protection officer, but they still need to follow everything else.

      Or simply pay $9 to have no worries, time, money, or energy spent on GDPR compliance issues at all. Pretty easy decision if your primary target audience/customers are not in the EU.

      Remember, the internet treats such things as damage and routes around them.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    133. Re:Nothing "new" here by Bert64 · · Score: 1

      Many companies don't provide an opt-out, or intentionally hide it. Such a thing should be opt-in, not opt-out. If someone wants to receive marketing they should ask for it. I always read through forms, and will always turn off any marketing options, and yet i still receive junk because many companies don't give you the choice. Simply making a purchase (or even just an enquiry) is taken as consent to be spammed, and then there's sometimes a process to opt-out later.

      I get lots of junk every day, both email and paper, The paper stuff is even worse as it wastes more resources and often provides no way to cancel it. The email usually has an opt-out link but it often doesn't work.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    134. Re: Nothing "new" here by Anonymous Coward · · Score: 2, Interesting

      For most companies, especially small "mom and pop" stores GDPR compliance is trivial.
      All you need to do is
      * Store no more data than you need
      * Decent password encryption
      * Have a data deletion policy
      * Don't send marketing emails to anyone that you can't prove agreed to receive them (basically log ticking an opt-in box)
      * Designate someone to be responsible for replying to data requests

      If you'd rather pay for a service to block EU users than fulfill that, I don't want you having my data. The companies that it's expensive for are the ones that have large amounts of user data, your Facebook, Google etc.

    135. Re: Nothing "new" here by Anonymous Coward · · Score: 0

      That's trivial to do correctly though. You create a unique userId (autonumber on users table) then record data against that. When a deletion request comes in, you remove the email address, name, physical address from that user record. You keep the transaction data.

      That's all you need to do. A "Data Protection Officer" isn't a specially trained person, it's just a named person responsible for making sure that data requests are fulfilled (and you've got 40 days to do that in)

    136. Re:Nothing "new" here by Anonymous Coward · · Score: 0

      So, am I liable for serving EU visitors who are already using VPNs (to lie about where they are coming from due to arbitrary geographical media blocking)?

      Yup.
      Please do not forget about those pesky traveling EU citizens ....
      IP or geo blocking is not enough.

      Writing this as EU citizen from nice hotel in North Carolina.

    137. Re:Nothing "new" here by Mascot · · Score: 1

      The fines that are being quoted are intended for blatant abuse from major actors, not e.g. a mom and pop shop not sufficiently sanitizing a webserver log. And, again, if you don't store or process personal data, no worries regardless.

      For a webstore you'd store things like name and address, obviously, but all you need to do in order to comply would be to let the user know that information is solely used for the process of making purchases, not being shared by third parties, and that they can delete their account and all data whenever they choose to do so. That's basically an email and a "delete account" button.

      Most webstores already have a button to delete your account. If assuming that's working as expected, then authoring that email would likely take less time than adding geoblocking and scripting mass account deletion would.

      Considering I have not gotten a single warning about my account being disabled from any foreign webstore, but I have gotten a number of "here's how we use your data and here are your rights" mails from those stores, it seems most aren't finding this too difficult to handle.

    138. Re: Nothing "new" here by gettin2old · · Score: 1

      It is just work. until lawyers get involved. then you have to worry about the costs of potential legal issues.

      The real question is if you don't do business in the EU why do any of the work? It's simply cost effective to block access. That way there's no legal question as to whether or not you comply. And there's no work to do. If you do business in the EU then you have something to think about. Your profits then need to be great enough to pay for the compliance overhead as well as the increased risk of litigation.

      If i block you to comply to not store your data, I've complied. There's no law saying if i run a website I have to let everyone access it.

    139. Re: Nothing "new" here by Anonymous Coward · · Score: 0

      Are you an idiot ? Most US ISPs that are not cellular carriers are not doing CGN. To identify a subscriber residence all you need is IP, Time/Date, and thatâ(TM)s it. DHCP logs are a bitch, :)

    140. Re: Nothing "new" here by Anonymous Coward · · Score: 0

      Transactional data is specifically allowed to be stored. Even if the customer sends a data deletion request, you can still store that user 746368 bought X and y by credit card on march 29th. You can still keep the transaction ID from your credit card processor.

    141. Re: Nothing "new" here by cyber-vandal · · Score: 1

      If you have a complaint, direct it at the numerous organisations throughout the world who have been disgracefully cavalier with people's personal data. The GDPR exists thanks to the people at those organisations who decided that it was too expensive to give a shit about their customers.

    142. Re:Nothing "new" here by del_diablo · · Score: 1

      The entire point of GDPR is that if somebody visits your site
      And you sell that information
      You just sold a visitors information, against their rights.
      So if you want to be safe, do not allow external sites to mine your users. And thats pretty simple.
      Except that you might want a marked tool, like Google analytics, to get a performance idea of your site, essentially violating the GDPR by feeding google data, and google will live off that data in some way shape or form.

      Which mean the question then turns into: How will the actual implementation of the GDPR affect a site owner? Because its currently a draft law, that will be 100% rewritten for actual states to have their version.
      So the question remains: Will GDPR make google analytics illegal, or not?

    143. Re: Nothing "new" here by Anonymous Coward · · Score: 0

      The law seems vague to US companies because in the EU we include intent of the law as part of the law.

      Your logs are fine as long as you have a documented process for deleting them. That process could be as simple as setting a cron job to delete log files over 30 days old. Someone posted a "request letter from hell" earlier in the thread. Your answer to the whole section on transient data is "we retain logs for a maximum of 30 days", you don't need reams of legal documents.

      The GDPR isn't a stick to beat small companies with. It's a set of guidelines to stop Facebook and other advertisers from abusing the entire population.

    144. Re: Nothing "new" here by cyber-vandal · · Score: 1

      Enjoy having your identity stolen after yet another data breach.

    145. Re: Nothing "new" here by Anonymous Coward · · Score: 0

      Ah, so you DO have experience running an EU facing business, eh? Everyone from General Dynamics to Green Man Gaming to Hipmunk to SE to McIlhenny (the Tabasco company) to the shops in little Tokyo in Los Angeles have validated compliance ... it is Not TERRIBLY difficult if you were not over collecting to begin with

      They all do business with the EU. GDPR essentially shortened data retention times for them which, in the long run, will probably save on legal bills lol

    146. Re:Nothing "new" here by BronsCon · · Score: 1

      And, again, as I have no EU presence, they can kiss my ass as far as enforcement.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    147. Re:Nothing "new" here by Anonymous Coward · · Score: 0

      This is about yet more leftist muscle-flexing from the land of we-still-haven't-figured-out-that-the-Nanny-State-crushes-people seeking to make every small business give up and turn all of their operations over to giant corporations that can be better micromanaged by EU bureaucrats who specialize in nest-feathering and empire building to preserve their non-productive careers.

      Well, you're right about the featherbedding, but none of this comes from your mythical 'leftist'. The big companies themselves want these regulations in place to raise economic barriers against any competition. This is how government serves big business. That's all it is, business. You know where to stuff your 'left/right' bullshit!

    148. Re:Nothing "new" here by Anonymous Coward · · Score: 0

      Just never take a vacation or attend a conference in the EU and you'll be fine.

    149. Re:Nothing "new" here by LynnwoodRooster · · Score: 1

      When did you stop beating your wife?

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    150. Re: Nothing "new" here by Anonymous+Brave+Guy · · Score: 1

      That's lovely, but as someone who has run several small businesses in the EU and seen government departments and regulators make business-destroying mistakes, I hope you'll forgive me if I'm sceptical about what will or won't be used as a stick to beat small companies with. There is no need for vague statements about "including intent" within laws. Just set a limit on penalties that doesn't pose an existential threat to small companies, and give clear, concise, practical guidance on how the rules will be interpreted well in advance, instead of the endless empty rhetoric and last minute updates the EU and the national regulators have produced so far.

      Also, 30 days is nowhere near enough time to retain access logs for some purposes. We routinely keep that sort of data for years, and we have multiple legitimate interests for doing so, including a demonstrable need to detect and block attempted fraud and other serious violations of our terms of service.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    151. Re: Nothing "new" here by trg83 · · Score: 0
      So, you're not even going to keep the physical address of the recipients of your product? Just think of the fraud possibilities. I use a stolen credit card to order something to my house and then file a GDPR request forcing you to discard the data. Later, maybe even months, someone discovers the fraudulent charge and the trail goes completely dead due to the GDPR right to be forgotten provision.

      It's almost like these clueless cities that have no-questions-asked gun disposal. Kill a rival, drop off the gun, get the evidence destroyed for you.

      It seems like a whole lot of people are being raised up to adulthood lacking the least bit of critical thinking skills.

    152. Re:Nothing "new" here by SvnLyrBrto · · Score: 1

      So very much this.

      My default is to turn on logging on everything that has it; see about adding it to things that don't; dump it all into Splunk or ELK; and keep it forever.

      Storage is cheaper than downtime.

      --
      Imagine all the people...
    153. Re: Nothing "new" here by TechyImmigrant · · Score: 1

      Yes we do business with Europe, both ways, sourcing and selling.

      Complying with GPDR, for which the rules have been available for 2 years, was easy. Partly because we already took a basic position of taking the minimum necessary information.

      We aren't going to be FUDed out of business by some nebulous worries about lawyers.

      --
      I should use this sig to advertise my book ISBN-13 : 978-1501515132.
    154. Re:Nothing "new" here by KingMotley · · Score: 1

      Unfortunately, storing that shipping data for the most recent order could violate the GDPR.... (sigh)

    155. Re: Nothing "new" here by Brockmire · · Score: 0

      Because he's going to use the service in question. Why the fuck are you posting here, when you won't use the service and added nothing of value? Your logic is flawed.

    156. Re:Nothing "new" here by Anonymous+Brave+Guy · · Score: 1

      As I said, there are plenty of problems with the GDPR. The subjectivity and ambiguity around what is actually required or acceptable in practice and how regulators will interpret it is probably #1 on that list.

      It's still a better situation than a US-style regime where mere threats of legal action can result in substantial but undeserved out of court settlements and there are legal firms who specialise in exploiting innocent people in that way.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    157. Re: Nothing "new" here by ScentCone · · Score: 1

      Enjoy having your identity stolen after yet another data breach.

      You really think the EU law will actually prevent identity theft? Is that, say, the same way that France's strict gun control laws prevent murders there? That sort of thing?

      --
      Don't disappoint your bird dog. Go to the range.
    158. Re: Nothing "new" here by Brockmire · · Score: 0

      Does this new law ban music majors from being in charge of security for major credit bureaus?

    159. Re: Nothing "new" here by AmiMoJo · · Score: 1

      Thanks, if you care so little about your customers and their rights then it's better that you don't get our business. There are plenty of other vendors who are more than happy to spend five minutes on this and take all your EU business.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    160. Re:Nothing "new" here by Anonymous Coward · · Score: 0

      I really love this "pure little guy" arguments.

    161. Re:Nothing "new" here by bingoUV · · Score: 1

      Um - it's not YOUR DATA! That's the point! You GAVE that data to the company, and they are using it

      Yes, that is the point. The problem is your ethics - so any attempt to make it seem logical will work only on uneducated people.

      --
      Bingo Dictionary - Pragmatist, n. A myopic idealist.
    162. Re:Nothing "new" here by AmiMoJo · · Score: 1

      That's just FUD. For a start, no one is going to jail. At most you could be fined and just ignore it because you are in the US, but realistically the regulator will probably just tell the person complaining that they can't do anything. The ICO in the UK already does that for most web related stuff.

      If your jurisdiction has a legal requirement to hold certain data, e.g. for tax purposes, that's fine.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    163. Re:Nothing "new" here by AmiMoJo · · Score: 1

      Because it's not your data, it's mine.

      You should ask permission to use it, even for US customers. Anything else is just being a dick to enrich yourself at their expense. Unsubscribing from your spam or dealing with your data breeches is not free for them.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    164. Re:Nothing "new" here by Cederic · · Score: 1

      You do though need to know this, what the role of the data protection officer entails, and how else to comply with GDPR.

      If I was a beekeeper in the US selling craft honey online I suspect ditching EU customers is by far the optimal response.

    165. Re: Nothing "new" here by Cederic · · Score: 1

      'All' you need to do is.. list of things someone on the Internet has claims is all you need to do.

      It's also clearly wrong. You need to validate that list, for a start. That's not a zero cost activity all by itself.

      If you'd rather pay for a service to block EU users than fulfill that, I don't want you having my data.

      I'd rather understand why they want to block EU users and what they're going to do with my data. I think assuming they have ill intent is unjustified.

    166. Re:Nothing "new" here by Cederic · · Score: 1

      You're misunderstanding the law. Please educate yourself before trying to tell anybody anything about it.

      However, you do prove the point beautifully: Americans haven't got a fucking hope of complying with GDPR, so of course it makes sense for them to block the EU.

    167. Re:Nothing "new" here by Cederic · · Score: 1

      No. You may however store and process the data required to meet that legal obligation.

    168. Re:Nothing "new" here by Cederic · · Score: 1

      Splunk storage sure as fuck isn't.

      Are you really getting value from eight year old log files?

    169. Re:Nothing "new" here by Cederic · · Score: 1

      In the UK a post code can identify an individual.

      Not often, but there are areas in which only one person lives.

    170. Re:Nothing "new" here by Cederic · · Score: 1

      those small amounts of data they need to run their business now have huge handling requirements

      No. Anybody PCI compliant is already meeting far more onerous expectations. Anybody that secures the data used by their business and manages it properly is already compliant, unless their business is the data itself.

      That does still leave a lot of organisations that have shit data protection technologies, processes and implementation, but since they're putting their customers' data at risk why shouldn't they be invited to run their business properly?

      it can't be as simple as a form letter that says "nothing" because while your order is being processed, they do have personal info, and it needs to handle that.

      That's not strictly true. If all orders are processed, closed and the associated data deleted within a couple of weeks then all data requests can be responded to 21 days later with "Sorry, who are you?"

    171. Re:Nothing "new" here by Cederic · · Score: 1

      Because too many companies don't offer an opt-out, don't assure correctness of data, don't adequately protect data, don't give a shit about consumer privacy.

      GDPR doesn't prevent any of the activities you've indicated you undertake. You should welcome it, it'll stop other people selling private data and using the revenue to boost their competitiveness against you.

    172. Re:Nothing "new" here by Cederic · · Score: 1

      It doesn't address the root issue of limiting the front end collection and using of data in the first place which is the real problem.

      Collection of data is a form of processing data, and requires a lawful basis for so doing.
      https://ico.org.uk/for-organis...

    173. Re:Nothing "new" here by AmiMoJo · · Score: 1

      In the EU small businesses are exempt from a lot of regulation.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    174. Re:Nothing "new" here by Cederic · · Score: 1

      Not the case at all. Determining that you're connected from the EU doesn't require any collection or use of your personal data.

      Even the IP address, if you want to claim that's in scope.

    175. Re:Nothing "new" here by Raphael · · Score: 1

      The law should be ignored by all non-EU web sites.

      That law can be ignored by non-EU web sites that are not doing any business with EU citizens or companies.

      But if you are doing business with the EU, then you have to comply (as with many other laws that apply to international business, so this is not unique to the EU). Of course if you break the law it will be a bit more difficult for your victims to sue you if you do not have any presence in the EU, but it will still be possible.

      As the FAQ says (italics mine):

      Who does the GDPR affect? The GDPR not only applies to organisations located within the EU but it will also apply to organisations located outside of the EU if they offer goods or services to, or monitor the behaviour of, EU data subjects. It applies to all companies processing and holding the personal data of data subjects residing in the European Union, regardless of the company’s location.

      --
      -Raphaël
    176. Re: Nothing "new" here by Anonymous Coward · · Score: 0

      This isn't geofencing, this is geoblocking. Geofencing is actively monitoring perimeter detection.

    177. Re:Nothing "new" here by Opportunist · · Score: 1

      I think it's time to assemble a list of those pages so we know which consider it too much trouble to not sell your privacy to the highest bidder.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    178. Re:Nothing "new" here by Opportunist · · Score: 1

      And as long as they don't start selling it to someone else I fail to see the problem.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    179. Re:Nothing "new" here by Anonymous Coward · · Score: 0

      Sorry, you are wrong. If this was the case companies would just relocate and move server farms. Costly, but cheaper than paying fines over and over again. That is why the GDPR is not based on where YOU are, but where your USERS are.

      Also, the summary is wrong. Not all companies need a Data Protection Officer, far from. Big ones, yes they might, but not everyone.

    180. Re: Nothing "new" here by Anonymous Coward · · Score: 1

      Good, do so. We here in Europe don't want people with your shitty attitude towards personal integrity to handle our data. I am happy not to do business with you and a whole continent of people will agree. I am sure you won't miss the revenue we would bring.

      I am happy for you that you are content to live in a country where highly qualified IT design and implementation work pays 15 dollars an hour. When, not if, you tire of being a second class citizen, find yourself a country which cares for its citizens.

    181. Re:Nothing "new" here by Anonymous Coward · · Score: 1

      Now, the GDPR doesn't actually enact law itself; that's up to the Member States. Those laws could be better-written to allow reasonable things like a traffic log where the identifiable information is never intended to be resolved, but under the text of the GDPR, the laws could also be broad enough to forbid such things.

      Ah, no. The Member States can have their own laws that are stricter if they want, however they cannot make laws that nullify the GDPR or parts of it. But unless they have a law of their own, the GDPR is in effect. That is why the new GDPR is a regulation rather than a directive (which the GDPR was replacing). So if I were you I wouldn't be holding my breath.

      But do you need to have IP addresses in your logs? If it is essential to your business and you have informed your users and are handling these logs in accordance with the regulation it is not necessarily a problem.

      The huge problem arises when you gather a shit-load of information on people that you really don't need and start data mining that. Also, some kind of personal data are more sensitive and given special status.

      So this is not "every piece of personal data is forbidden". That is a huge misconception.

    182. Re:Nothing "new" here by Anonymous Coward · · Score: 0

      From your link:

      What constitutes personal data?

      Any information related to a natural person or ‘Data Subject’, that can be used to directly or indirectly identify the person. It can be anything from a name, a photo, an email address, bank details, posts on social networking websites, medical information, or a computer IP address.

      So that mom-and-pop shop with your name or e-mail address is completely subject to these regulations. I guess we cannot keep tracking numbers, invoice records, etc.

      Of course, Mr. IRS (or your country's equivalent) doesn't look kindly on NOT having records of where the money came from, especially if they're a repeat or larger customer. I'm sure Mr. IRS will waive any and all actions on me if I say "I make everything a 100% cash sale and a 100% cash purchase so I do not store any data and do not fall afoul of the GDPR; trust me that this is the right amount of money coming in and out and it wasn't gathered/used for nefarious means".

      If you bother to read up on the GDPR you realize that you are totally wrong.

      Personal data that is needed by other laws are permitted. So, if you for example pay wages, you need to have information that your countrys tax service needs for you to file taxes. The same for tracking holiday leave of employees, etc.

      There are a number of ways you are permitted to store/handle personal information under the GDPR, when required by law –the easiest one to motivate and also to follow, but you can also gather using consent. The trouble with that is that consent can be withdrawn, so if you base your gathering only on consent you will have a lot of work every time someone revokes that. Some might arise from the need to conduct business. For example address on shipping labels. I cannot send you the goods you ordered without knowing your address. But do I need to save that address for eternity? Probably not, and that is addressed by the GDPR. When not needed any more the data should be purged. Also, while needed, it should not be used for other purposes than intended and restrictions on who are to access/process that data should be in effect.

    183. Re:Nothing "new" here by Anonymous Coward · · Score: 0

      Well, that "legitimate interest" could be troublesome. You say "log as much as we have storage for". Do you really need the logs from say 5 years ago to track down a fault that happens today? Will you really roll back your server software to the version you had back then? If so, your big problem is not with the GDPR but something else in you environment. Having a lot of data might help when diagnosing, but sometimes we gather data just because we can, not because we have an actual need. That is bad. Especially when that data seeps out and are used in other ways than intended.

      You write that you are not using the logs for marketing purposes and it was tightly controlled. Good! I would say that you are on a good path to complying. Have you documented what is gathered, for what intent, how it is used, by whom and how it is disposed of? Are the users informed? Can they get hold of what data is gathered on them if needed? Can it be deleted? Asking these questions and writing them down is important. You might not be around that company forever, and a successor should have clear directives on how things should be run in order to comply with regulations.

      When I worked with this, the lawyers we consulted also said that it was important to work with these issues. Because even if we in the end, in case of an actual event, didn't comply with the GDPR it would help us if we could show that we had worked on complying with the GDPR and didn't manage to comply fully rather than saying "it was too complex, we chose to risk getting fined". The latter would definitely incur huge fines.

      The GDPR is big and complex, but the basics behind are rather simple. And I think this is a move in the right direction. The free-for-all do-as-you-wish mentality that has shaped the digital society in the last two decades or so has been really harmful, and we need to take back the power of our data.

    184. Re:Nothing "new" here by Anonymous Coward · · Score: 0

      You don't go to jail for violating the GDPR. And certainly not for disposing of a printed label. That is scaremongering.

      And why would it not be a problem for a small business in the EU but it is for the same type of business outside of the EU? If you have no technical expertise and you only have web visitors from the EU, why would you do excessive logging?

      So no, this is not an onerous regulation for a business at this scale unless you are really stupid and doing stupid shit.

      But what you are saying is just what the marketing department for the geoblocking service is trying to say. To scare these little businesses into believing that they must get geoblocking because it is hard to do the right thing. Bullshit, I say.

    185. Re:Nothing "new" here by dave420 · · Score: 1

      Holy Strawman, Batman!

      You just listed a bunch of stuff which is perfectly acceptable under the new regulation. Strangely enough they thought about this.

    186. Re:Nothing "new" here by dave420 · · Score: 1

      You appear to have just outed yourself as someone who doesn't understand what personal data is, who owns it, or how important it is. No wonder these regulations aren't sitting well with you - you're the type of person whose business models the regulations are designed to protect people from.

    187. Re:Nothing "new" here by Anonymous Coward · · Score: 0

      You are so wrong on this. It is about ALL organisations. Not only companies, but also single owner companies and NGOs run by 2 volunteers.

      Massive corporations like Google and Facebook have their lawyers write new terms of service, and they get away with everything. Small organisations on the other hand are affected by GDPR regulations disproportionally, as a single fine might cause their bankrupcy. And since there is no clear way to check if you're complying with the law a 100%, there is quite some panic over GDPR in a lot of companies.

    188. Re:Nothing "new" here by Anonymous Coward · · Score: 0

      If I was a beekeeper in the US selling craft honey online I suspect ditching EU customers is by far the optimal response.

      Simply not doing stuff you shouldn't be doing to your customers' data, being clear about what you do do with it, and allowing your customers to see, adjust (parts of) and delete their data should they want to, is sufficient.

      Things any decent actor should already be doing, regardless of GDPR.

      Those actors wildly flailing about, complaining about the horrors GDPR, automatically become suspect. It's a great warning system, really, highlighting actors one should probably consider avoiding interacting with.

      Oh, and for those who think screaming louder is a good argument technique: The louder you scream, the more suspect you become.

    189. Re: Nothing "new" here by Anonymous Coward · · Score: 0

      I will block the EU entirely.

      Excellent. You will not be missed. Bye!

    190. Re: Nothing "new" here by Wrath0fb0b · · Score: 1

      The GDPR isn't a stick to beat small companies with. It's a set of guidelines to stop Facebook and other advertisers from abusing the entire population.

      Cool. That's why the law gives small companies more time and leeway to comply and limit the fines to be something that they can absorb without folding.

    191. Re:Nothing "new" here by Sarten-X · · Score: 1

      I've read (the majority of) the regulation text, I've read the analysis articles, and I've sat through the meetings discussing whether or how it applies to my own company. I feel like I've done my effort to educate myself.

      So what exactly am I misunderstanding? Where's the authoritative source that says "IP addresses aren't identifiable", or "processing doesn't include that", or any of the other fine details that seem to be curiously missing from the actual regulation text? So far there's a lot of folks commenting to say "you don't understand", but nobody that actually wants to put in the time to explain what I'm missing.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    192. Re:Nothing "new" here by Sarten-X · · Score: 2

      To address your points in reverse order:

      So this is not "every piece of personal data is forbidden". That is a huge misconception.

      Certainly not "forbidden" by the regulation, but in practice. If I go tell my manager "our server logs have IP addresses", he's not going to launch an inquiry into whether that personal data can be combined with anything else, and he's not going to let me get fully-encrypted storage for our highly-sensitive logs. He's going to say "get rid of them".

      Practically, he doesn't have a choice. Keeping the personal data means our lowly web servers are now a focus for compliance, which means even if we do nothing else, we have to have additional process reviews, audits, staffing for those audits... His choices are either a nebulous expense for compliance, or turn off logging and hope the troubleshooting is the less-expensive option.

      Also, some kind of personal data are more sensitive and given special status.

      While that's true, the GDPR doesn't really distinguish different sensitivity levels. Rather, the GDPR considers even weakly-identifiable information (like an IP address in a webserver log) as still being "personal data", and if it can be combined with anything else (like by correlating timestamps to database entries) in the enterprise to produce an identity, it has to be treated like it's all directly identifiable. Despite it being a data-handling best practice for many years, there is no concept of a "Chinese wall" screening information from different processes.

      The huge problem arises when you gather a shit-load of information on people that you really don't need and start data mining that.

      In the GDPR text, there is no distinction between "data mining" and any other kind of "processing" on stored data. There is also no limit on scale. If I have a comment form on a website that asks for a name, and that's stored in a database, I am collecting and processing personal data.

      That's pretty much my complaint about every part of this thing. It's horribly vague, to the point that normal daily operations become regulated activities. It'd be fine if the "processing" definition had a limit on it like "any operation... for the purpose of inferring more information about the data subject", but there's no such thing. That would arguably cover any data mining or user-tracking process, but leave an exemption for basic things like logging or mostly-anonymous interaction.

      Ah, no. The Member States can have their own laws that are stricter if they want, however they cannot make laws that nullify the GDPR or parts of it. But unless they have a law of their own, the GDPR is in effect. That is why the new GDPR is a regulation rather than a directive (which the GDPR was replacing).

      I understand that. To clarify, I'm hopeful that the laws are more clear than the GDPR, defining "personal data" and "processing" with a bit more restraint, and allowing for isolation practices. Such things could be written carefully to avoid actually contradicting the GDPR, again mostly because the GDPR just blissfully ignores such concepts entirely.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    193. Re:Nothing "new" here by houghi · · Score: 1

      The reasdon the law is there is because of why ALL laws are there. Some assholes abused whatever was possible and we do not agree with the behaviour.
      This goes for laws about e.g. murdering people, rap, stealing to any law you can think of.

      --
      Don't fight for your country, if your country does not fight for you.
    194. Re: Nothing "new" here by houghi · · Score: 1

      In a way, yes. Although not directly, he will be responsible directly for any mishaps. So if an incompetent person is hired, there will be almost certainly a higher penalty for the company to pay.

      Understand that the fine is upto 4% of yearly worldwide revenue, not the standard. So instead of paying say 0.5%, they suddenly pay 2%. And that is the company that pays, not the person.

      --
      Don't fight for your country, if your country does not fight for you.
    195. Re: Nothing "new" here by Anonymous Coward · · Score: 1

      But to do those things you already have to be PCI compliant, and if you're PCI compliant then you're GDPR compliant in that area, because PCI compliance is even stricter than GDPR compliance. For example, PCI mandates minimum TLS levels, GDPR doesn't touch on required technical implementations.

      You also can't just demand random data about you be deleted, if a business has a legitimate reason to hold it such as fraud prevention, then it can hold it.

      The real problem isn't GDPR, it's that folk like you don't understand GDPR in the slightest and attribute absurd scenarios that can't actually happen under GDPR in the first place because that's no what it says. You're being melodramatic and pretending it says things that it doesn't just for the sake of trying to be argumentative.

    196. Re: Nothing "new" here by trg83 · · Score: 0
      GDPR seems like a great compliance framework, with the exception of the absolutely fucked up idea of a right to be forgotten. Your data should be protected, and it would be great if vendors cared, and knew, everywhere it was handled and that it was always handled with respect. The idea that I need to support discarding data about any user on their whim is absurd. I don't care how many exceptions there are. Disentangling relationships and going through years of archived data in different data structures that *most* users have no problem keeping around to discard data for one user is an absolutely ridiculous expectation.

      I will make one exception for you, AC. You deserve to be forgotten, along with your crap comment.

    197. Re: Nothing "new" here by cyber-vandal · · Score: 1

      No I'm saying that Equifax will be a damn sight more careful than they have been up to now.

    198. Re:Nothing "new" here by danbuter · · Score: 1

      I really, really hope services you love and depend on drop the EU, and you are stuck without them. You have absolutely no idea what you are talking about when it comes to regulations. You just want to support your fascist EU masters.

    199. Re:Nothing "new" here by danbuter · · Score: 1

      Have fun not being able to buy a ton of products or even visit many internet sites (likely including Slashdot). But at least your data will be safe!

    200. Re: Nothing "new" here by Anonymous Coward · · Score: 0

      Block me. I didnâ(TM)t want to do business with you anyway. Besides, I donâ(TM)t need you or want you. Basically, you can go to hell in a hand basket. Thatâ(TM)s how valuable you are to me. Thatâ(TM)s your ultimate relevance.

    201. Re:Nothing "new" here by Ol+Olsoc · · Score: 1

      You don't need to hire a data protection officer whatever the abstract says. You need to have some one designated in this role; it's like someone has to be responsible for safety, someone has to be responsible for first aid. A large company may well have a specific person whose job is only to do this, but most don't.

      The way I see it is that the EU demands privacy protection for it's citizens. If EU citizens are refused access to all sites that do not comply, then their rights have been dutifully and properly served, and the European Union should consider that tehy have scored a big win.

      Seriously - what did they expect?

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    202. Re:Nothing "new" here by Ol+Olsoc · · Score: 0

      For example, say a website had a average profit of $50 per EU user per year. But to implement GDPR and hire a data protection officer will average $100 per EU user per year. It's just not worth it to the company, they either charge EU users much more or lock them out.

      EU users demand the privacy protections, so it is a good thing for not allowing them access to websites that do not conform with what EU citizens demand. It's like NetNanny for adults.

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    203. Re: Nothing "new" here by Ol+Olsoc · · Score: 1

      * Have a data deletion policy

      My site has records, and they will be retained forever - that's my policy.

      Blocking is orders of magnitude easier.

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    204. Re: Nothing "new" here by Ol+Olsoc · · Score: 1

      '

      I'd rather understand why they want to block EU users and what they're going to do with my data. I think assuming they have ill intent is unjustified.

      Its the law of unintended consequences. One of the websites I run has names, Radio call signs and contact records. The users are worldwide.

      The users expect data retention to last forever. And once they have a call sign, we can find your address and lots of other personal information. But looks like the European union is now going to get their citizens blocked from accessing what they want. The people I do this for cannot afford an EU compliance officer.

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    205. Re:Nothing "new" here by Ol+Olsoc · · Score: 1

      Tell me, what of my personal data beyond billing and shipping data for my most recent order would a Mom and Pop shop need?

      This is the usual right-wing talking point about 'onerous regulation' and it is bullshit.

      Good lord - couldn't you have mentioned Trump in there somewhere? Sorry, but political affiliation has nothing to do with this. It is not about the small businesses, unless they are merely a bait-and-switch operation trying to gain my data to sell it on to unscrupulous marketeers.

      So are you saying that we don't have to comply? Can you find the legal documents we can reort to if the EU challenges us?

      It is about massive corporations that want to be free to pillage my life for their profits, and there is always an idiot falling for their 'but think of the poor small businessmen' shtick.

      Again, can you provide the cites that small business people are exempt?

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    206. Re: Nothing "new" here by stoatwblr · · Score: 1

      "The users expect data retention to last forever."

      And as long as they agree to it, it _can_ last forever.

      The point is, you have to have their agreement.

    207. Re:Nothing "new" here by Ol+Olsoc · · Score: 1

      That's two items that fall under government requirements that also fall under GDPR, along with your billing and shipping information. "Giant evil corporation" and "Mom and Pop shop" both have to deal with them.

      And the simplest method is to not allow them access to your web presence. Problem solved.

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    208. Re:Nothing "new" here by suutar · · Score: 1

      relying on the good sense and/or good will of bureaucrats is a good way to get sensational news articles in the rare but extant cases where you find a bureaucrat who has neither.

    209. Re: Nothing "new" here by Ol+Olsoc · · Score: 1

      "The users expect data retention to last forever."

      And as long as they agree to it, it _can_ last forever.

      The point is, you have to have their agreement.

      Not if I deny them access. I can tell ya, the folks I'm doing this for will just say $9 some a month is much better than a whole new suite of records, and forms and coming up with a digital signature system and keeping track if someone changes their minds, and the decision of how to deal with people who want to be part of it all, but want their records deleted after whatever the EU decides is proper or changes it's mind about.

      The laws of inintended consequences might not be in the books, but they are laws regardless.

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    210. Re:Nothing "new" here by suutar · · Score: 1

      if you have a preexisting business relationship and have not opted out it's not spam.

    211. Re:Nothing "new" here by suutar · · Score: 1

      You didn't ask what they would do that's problematic, you asked what causes them to have to name a DPO.

    212. Re:Nothing "new" here by Anonymous Coward · · Score: 0

      With ICANN handling top level domains, part of that enforcement could just be the seizure of the offending domain.

    213. Re: Nothing "new" here by slashdotwannabe · · Score: 1

      If I don't do business with Europe right now, I don't want to spend even a microsecond caring what their regulations say

      Happily for you, since the GDPR applies only to EU citizens, and you don't do any business with EU citizens, you don't need to spend a microsecond caring about GDPR. And yet, here you are... worrying and kvetching over something that doesn't apply to you.

      All these people who are so well trained to cry "won't someone think of the poor corporations!" every time some new privacy regulation comes along are the exact same people who bitch "why didn't someone regulate these fuckers!" whenever a Target or Equifax breach comes along.

      --
      This comment is my opinion and does not represent an official position of Donald Trump or others I do not work for
    214. Re:Nothing "new" here by eric_harris_76 · · Score: 1

      Two word: Selective enforcement

      --
      There's no time like the present. Well, the past used to be.
    215. Re: Nothing "new" here by Anonymous Coward · · Score: 0

      There are no "EU States"

      Countries, yes

    216. Re:Nothing "new" here by KingBenny · · Score: 1

      isn't it more like unwillingness to show complance with the protection of userdata who fall under the protection ? like we HAVE it but you can't see it now unless you come overhere, where its not illegal .. yay for geopolitics , and just how long will this what ? JAVASCRIPT bit last before its hacked chewed regurgitated spoofed bypassed and in the end the reason why the company who sold it sits in congress being interrogated ? since when did that ever work ?

      --
      Free speech was meant to be free for all... how can anyone grow up in a nanny state ?
    217. Re:Nothing "new" here by Opportunist · · Score: 1

      A DPO isn't someone who has to have some kind of special training, you could simply name one and be done with it. It's pretty much a hollow title without any real meaning for 99% of the smaller businesses out there.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    218. Re:Nothing "new" here by Teun · · Score: 1

      which consider it too much trouble to not sell your privacy to the highest bidder.

      Quite!

      --
      "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
    219. Re:Nothing "new" here by Anonymous Coward · · Score: 0

      Yes, if you take money from EU citizens you are required to follow GDPR. How ever if it's a small number of EU citizens who actively try to deceive you about where they are from I don't think you're at any real risk.

    220. Re:Nothing "new" here by Anonymous Coward · · Score: 0

      No, the company doing the filtering has. If it keeps the data. The store that hires the service has no stored data about Europeans. Also has no presence in Europe and effectively can't be sued

    221. Re:Nothing "new" here by Anonymous Coward · · Score: 0

      Sounds like a great solution for small companies. It's already a big hassle to deal with foreign customers. GPDR makes it a royal PITA to deal with the EU. If it's just a tiny slice of your business, geo fencing it off makes sense as supporting GPDR may well be a money losing proposition for the business. I'd fence the EU off by default unless I was well positioned to deal with all the extra European garbage in a way that I knew I could still make a profit.

    222. Re:Nothing "new" here by ooloorie · · Score: 1

      This service will not help you because the EU can't touch you in order to enforce GDPR.

      That's not entirely true. The EU could find a US company in violation of EU law. The EU can't enforce right now, but they might in the future, for example when an owner or officer of the company travels to Europe, or when the company wants to expand to Europe in the future, or get acquired by a European owner. That's why companies might want to use such a service: they don't want to spend money to comply right now, but they also don't want to close off future options.

    223. Re:Nothing "new" here by ooloorie · · Score: 1

      Read it like this:

      Recently I signed a purchase contract for a car and they had an added option that I had to select to commit to paying for the car.

      If you can't fulfill your side of a contract, you shouldn't enter it or you are committing fraud.

      So, if you are legally prohibited from opting out of data protection laws, then you shouldn't enter into a contract with a US company that requires you to opt out of such laws. If you do anyway, the EULA is null and void, and in particular means that you can't use the service.

    224. Re:Nothing "new" here by ooloorie · · Score: 1

      It's always struck me as a particularly odd part of US law that you have "inalienable rights"

      Life, liberty, and the pursuit of happiness.

      and yet you're free to sign a piece of paper (or click on a button on a webpage) and waive them.

      I don't believe you can actually waive any of those rights (although as a matter of principle, I believe you ought to be able to).

    225. Re: Nothing "new" here by Anonymous Coward · · Score: 0

      The word "states" is commonly used to mean countries. Member states of the UN, for instance.

    226. Re: Nothing "new" here by RockDoctor · · Score: 1

      So, bullshit sites die. The problem is ?

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
    227. Re:Nothing "new" here by RockDoctor · · Score: 1

      We track if you've "liked" or followed anything on our social media.

      Do you have permission to do that? As a distinct thing from your 97 pages of other Ts & Cs?

      Advertising is a foul sin, and I flag all adverts I notice under "never consider - even for arse-wipe after printing on someone else;s printer loaded with soft paper."

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
    228. Re:Nothing "new" here by RockDoctor · · Score: 1

      Mmmm. Moistened donkey.

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
    229. Re:Nothing "new" here by Z00L00K · · Score: 1

      Faulty analogy, I have paid for the device and if I can't use it then the company commits fraudulent behavior and breaks the laws and purchase agreement.

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    230. Re:Nothing "new" here by ooloorie · · Score: 1

      Faulty analogy, I have paid for the device and if I can't use it then the company commits fraudulent behavior and breaks the laws and purchase agreement.

      No, the company says "these are the conditions under which you can use our service". Payment is one condition, but there are others. If you don't or can't live up to all those conditions, then you can't use the service. It doesn't matter whether you paid for it. Furthermore, if you enter the contract knowing full well you can't hold up your side of the commitment, then it is you who has committed fraud, not the company.

      Note that French law can invalidate clauses in French contracts, but it can't invalidate clauses in US contracts. That's why a French citizen can ignore clauses requiring him to give up privacy protection in France, but in the US, such clauses are enforceable against a French citizen because French law doesn't apply.

    231. Re:Nothing "new" here by Z00L00K · · Score: 1

      That's still a questionable condition you refer to as if I "sign" the contract while in Europe then it's under the conditions in Europe I sign it under.

      This also means that purchases of services and goods from outside the EU still falls under EU V.A.T. regulation.

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    232. Re:Nothing "new" here by ooloorie · · Score: 1

      That's still a questionable condition you refer to as if I "sign" the contract while in Europe then it's under the conditions in Europe I sign it under.

      The question isn't where you sign the contract, the question is which jurisdiction enforces the contract, and that's usually the US for a US company. If you don't like the jurisdiction, don't enter the contract.

      This also means that purchases of services and goods from outside the EU still falls under EU V.A.T. regulation.

      If you are in the EU and order something from a US company, you are responsible for complying with EU import duties and VAT regulations. That's because when you sign the purchase contract, the goods are yours in the US. US companies only have to comply with EU rules if they import into the EU themselves prior to sales.

    233. Re: Nothing "new" here by stoatwblr · · Score: 1

      Holding personal information about someone, then not being a registered data handler, denying the subject access to information about themselves, denying it exists or refusing to delete if there is no good legal reason to hold it can be a criminal matter under EU law.

      If the individual EU countries affected enact long-arm statutes for their individual versions of those laws then being in the USA or anywhere else in the world may mean that claiming "no jurisdiction" doesn't come into play.

      As examples of Long Arm statutes, the UK kid who hacked into the Pentagon from the UK never set foot in the USA, but was arrested and extradited and the UK's Computer Misuse act has similar Long Arm clauses for hacking of UK-owned resources (which don't even need to be physically present in the UK)

      Some countries take personal data handling seriously enough that they may be willing to put these kinds of clauses into their books in response to this kind of "service" being offered, which also puts the operators in the firing line for "conspiracy" and "facilitation" charges.

    234. Re: Nothing "new" here by Ol+Olsoc · · Score: 1

      Holding personal information about someone, then not being a registered data handler, denying the subject access to information about themselves, denying it exists or refusing to delete if there is no good legal reason to hold it can be a criminal matter under EU law.

      Can you explain the statutes and punishments for blocking any and all EU internet users? This processs of not allowing them access to my website would appear to satisfy the EU's privacy laws perfectly. No data whatsoever will be there to violate your law.

      I too take their privcy policy seriously, and if someone tries to work their way around my blockage, I will report them to whoever I need to report them to. I have zero intention of violating EU privacy, and refusing entrance seems like the safest way to obey your rule.

      Do you not approve of the blocking of users in order to protect theiur privacy?

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    235. Re: Nothing "new" here by chapstercni · · Score: 1

      Indeed. Simply not reply or send a reply with, "FUCK OFF".

      Done.

    236. Re:Nothing "new" here by chapstercni · · Score: 1

      Americans don't even HAVE to. It is EU law. Not USA law. Not international law.

      The EU doesn't get to impose their will on the world.

      And. They cannot. They can strut. They can posture.

      And, so what?

    237. Re:Nothing "new" here by Cederic · · Score: 1

      Americans do have to, if they want to do business in the EU or the UK.

      That's what.

    238. Re: Nothing "new" here by bickerdyke · · Score: 1

      You forgot the most time consuming item: compile a list of what data you store, where, why, how long and who has access to it.

      But for most "mom and pop" that list should have one item: Costumer name address and their shopped items.

      --
      bickerdyke
    239. Re: Nothing "new" here by bickerdyke · · Score: 1

      * Have a data deletion policy

      My site has records, and they will be retained forever - that's my policy.

      >

      And it's a valid policy under GDPR. So what was you point again? State that policy, make sure that users agree and enforce it. (it's your policy after all) and you're fine.

      --
      bickerdyke
    240. Re: Nothing "new" here by Ol+Olsoc · · Score: 1

      * Have a data deletion policy

      My site has records, and they will be retained forever - that's my policy.

      >

      And it's a valid policy under GDPR. So what was you point again? State that policy, make sure that users agree and enforce it. (it's your policy after all) and you're fine.

      It will also be my policy to block EU users. Much simpler, and guards against any new changes the EU decides to implement. My point? Compliance via blocking is simpler and cheaper. My point is kinda what this whole story is about, if you read the headline.

      And why shouldn't users in the EU be happy that they are blocked? This is what they apparently understand could happen. Blocking is protecting.

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    241. Re: Nothing "new" here by bickerdyke · · Score: 1

      Feel free to do so. Most users probably are happy to NOT make business with someone who is not willing to perform the simplest due diligence when it comes to data security. Your business decision.

      But leaves two questions open:

      First, what is with your US costumers? Won't the be able to sue you anyway if you have any kind of data breach or abuse like the facebook scandal or identity theft after the Target breach? If you don't protect their data, you may find yourself at the wrong end of a class action law suit, and if you do (and have documented that you're doing it) you're most likely already in compliance with GDPR.

      Second: Since when is geoblocking reliable? If that tool misses an EU user cause his ISP borrowed some rare IP4 addresses temporarily from a US ISP, you may get your $9 back, but still are in violation of the GDPR.

      But I absolutely understand where you're coming from.

      --
      bickerdyke
    242. Re:Nothing "new" here by chapstercni · · Score: 1

      I absolutely understand this is a request by the EU.

      And if I (as an American company), open an office IN the EU, then yes, I am subject to the GDPR.

      If I, as an American company without offices in the EU sell merchandise, and an EU citizen purchases from me - I, and my company, are NOT subject to the EU.

      I am sure the EU thinks they can impose their will, but they are incorrect. They have not the teeth to actually extract funds from me in the form of penalties, regardless if they impose them. The imposing is simply expressing the will of the EU - but they aren't in my sandbox.

      Just like if an EU citizen is IN the USA, they have to follow US laws. But an EU citizen partaking in a legal activity over there, that is illegal in the USA is of no consequence.

      I am most curious to understand what legal path the EU will take to impose a fine on a business that has no legal presence in the EU.

    243. Re: Nothing "new" here by Anonymous Coward · · Score: 0

      There's also another thing that makes a huge difference: it's not about where your visitors connect from, it's about they are EU citizens or not. And that renders geoblocking useless.

    244. Re: Nothing "new" here by tepples · · Score: 1

      Shutting your doors to customers in the Union saves after even one month. GDPR article 27 requires every firm outside the Union that handles personal data of an individual in the Union, including but not limited to billing or shipping information, to hire someone in the Union to act as a point of contact in the Union for inquiries from individuals in the Union. This service costs more than 15 USD per month.

    245. Re:Nothing "new" here by tepples · · Score: 1

      Correct. The GDPR gave a year's notice to assess the cost of compliance. It gave a year's notice to assess, for example, the cost of hiring a representative pursuant to article 27, and determine that this cost alone to a business outside the Union exceeds the benefit of offering products or services to individuals in the Union.

    246. Re:Nothing "new" here by tepples · · Score: 1

      Pursuant to article 27, firms outside the Union still need to hire a representative in the Union. What does the regulation or the market say about the cost of this?

  2. Right reasons by Anonymous Coward · · Score: 0

    Wrong reasons? I suspect many websites can't afford complience. Sounds like a good reason to me. Block a minority of users or go out of business. I know what is do.

    1. Re:Right reasons by Immerman · · Score: 2

      Yep. Now we can only hope that more markets follow in their footsteps and make it impossible for such sites to stay in business at all. It's not like compliance is hard - just stop recording information about your visitors. Unless of course your business model depends on spying on your visitors, in which case good riddance.

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    2. Re:Right reasons by Z00L00K · · Score: 1

      Block users and go out of business or at least cut down the operation would probably be the result.

      Even businesses need a critical mass to operate and if you fall below a threshold you lose. But I suspect that most businesses will never even have a problem if they just follow the rules. The businesses that will suffer are all those pixel trackers and shit that are totally useless anyway.

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    3. Re:Right reasons by lgw · · Score: 1

      Yep. Now we can only hope that more markets follow in their footsteps and make it impossible for such sites to stay in business at all. It's not like compliance is hard - just stop recording information about your visitors. Unless of course your business model depends on spying on your visitors, in which case good riddance.

      Or, you know, keeping a customer's order history, so that you can provide customer service and process returns. Would you prefer that only Amazon-sized companies have the resources to be able to sell things online?

      --
      Socialism: a lie told by totalitarians and believed by fools.
    4. Re:Right reasons by Immerman · · Score: 1

      You really think it's THAT hard to collect only permitted information, and allow customers to see exactly what you're collecting and delete it?

      It may be expensive to update an existing code base, but that's fairly straight-forward for anything new. As for keeping that information reasonably secure - if you can't be bothered to spend the time and effort to do that (as most current sites can't), you have no business collecting it in the first place.

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    5. Re:Right reasons by budgenator · · Score: 1

      just stop recording information about your visitors. Unless of course your business model depends on spying on your visitors, in which case good riddance.

      So if you for example buy something, and would like to have your purchase, oh lets say shipped to the purchaser for example, that pretty much requires recording at least some personal data!
      Of course the whole point isn't really privacy, it's just the typical EU's thinly veiled protectionism.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    6. Re:Right reasons by Immerman · · Score: 1

      Yep. And if I give them my credit card information, address, etc. I expect them to take reasonable security precautions with that information for as long as they retain it. (We only need to watch the headlines to know that even most major companies do no such thing) It's also not unreasonable to ask them to let me know what information they've collected about me (nor difficult for them to deliver), and to delete it all if I so request.

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    7. Re:Right reasons by lgw · · Score: 1

      It may be expensive to update an existing code base

      That's rather the point, though, isn't it. Deleting your order history etc is not a feature that many of the off-the-shelf web stores have. Hopefully they will eventually, so at least new small businesses won't find it onerous to comply.

      As for keeping that information reasonably secure - if you can't be bothered to spend the time and effort to do that (as most current sites can't), you have no business collecting it in the first place.

      You know, I'm fine with some small mom-and-pop web store not being experts at this sort of thing. Small target for hackers anyhow. They won't be doing their own CC processing anyhow, so no worries there.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    8. Re:Right reasons by tepples · · Score: 1

      I don't see how to simultaneously "stop recording information about your visitors" and record the fact that your visitors purchased a product and expect it to be shipped to their door.

  3. Seems like the right reasons to me by ranton · · Score: 2, Insightful

    A new service called GDPR Shield made the rounds last week and for all the wrong reasons. The service, advertised as a piece of JavaScript that webmasters embed on their sites, blocks EU-based users from accessing a website, just so the parent company won't have to deal with GDPR compliance.

    This is just the type of service you would hope exists to make sure citizens can decide what levels of privacy they want and companies can decide what level of privacy they are willing to provide. For some time now we will see many stories of companies improving their privacy, companies pulling out of the EU market, and companies being fined by the EU. All are good and expected outcomes of rules such as the GDPR.

    --
    -- All that is necessary for the triumph of evil is that good men do nothing. -- Edmund Burke
    1. Re:Seems like the right reasons to me by Archangel+Michael · · Score: 2, Insightful

      They aren't all "good and expected outcomes". Good being subjective. Being fined into oblivion for being on the web by an entity that you have never had interaction with, should be problematic for everyone.

      Compliance within tyranny is always "expected", and rarely all that "good".

      I run a website with worldwide audience. I've also never been to Europe. Tell me why I should comply or face fines to a jurisdiction I've never been to?

      No, there is nothing good about any of this, even if the goal is admirable.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    2. Re:Seems like the right reasons to me by ranton · · Score: 3, Insightful

      I run a website with worldwide audience. I've also never been to Europe. Tell me why I should comply or face fines to a jurisdiction I've never been to?

      You are servicing their citizens while they reside in their country, so you should follow their laws. Just because the Internet makes it so easy to reach those customers doesn't mean you should be able to ignore their laws.

      --
      -- All that is necessary for the triumph of evil is that good men do nothing. -- Edmund Burke
    3. Re:Seems like the right reasons to me by HornWumpus · · Score: 1

      You don't have to comply, any more then you have to comply with Saudi laws (unless you set foot in their jurisdiction).

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    4. Re:Seems like the right reasons to me by Opportunist · · Score: 1

      Have you even bothered to take a look at the law? We're not talking about a company asking for your name and mail address so they can deliver a box with shit you buy in it. You take that information, you store it, you don't distribute it, you're golden.

      Once you start selling it, you're in deep shit. As you effin' should be!

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    5. Re:Seems like the right reasons to me by DarkOx · · Score: 1, Insightful

      yea keep telling yourself that story. Lets say you do decided hey I don't have any EU presence, I'll just ignore this issue. Some EU citizen access your site and complains you violated some GDPR provision. Now the EU fines you. You decided to tell them to politely stick their judgement where the sun don't shine.

      All is well until you realize your bank does business in the EU and they demand they freeze your accounts etc. No this BS and our government needs to step up to plate and take steps to protect US citizens and US companies from EU bullying. I would suggest enacting harsh trade penalties on EU companies and travel sanctions against EU leadership if they attempt to enforce digital legislation over seas.

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    6. Re:Seems like the right reasons to me by ranton · · Score: 1

      Have you even bothered to take a look at the law? We're not talking about a company asking for your name and mail address so they can deliver a box with shit you buy in it. You take that information, you store it, you don't distribute it, you're golden.

      Once you start selling it, you're in deep shit. As you effin' should be!

      There are plenty of GDPR laws regarding how you store and eventually purge customer data even if you don't sell it.

      --
      -- All that is necessary for the triumph of evil is that good men do nothing. -- Edmund Burke
    7. Re:Seems like the right reasons to me by Opportunist · · Score: 1

      None of them are a problem to the average store. Most have already finished implementing it, I recently got a flood of emails from stores I used ages ago, telling me that they'd be really sorry to lose me as a customer but they are going to delete my data now if I don't (click here) to tell them I'm still interested in staying with them.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    8. Re:Seems like the right reasons to me by Archangel+Michael · · Score: 3, Insightful

      Okay, so what you're saying is that in a world wide economics, I have to comply with often mutually excusive rules and laws. I must do this in this jurisdiction, and I am forbidden to do the same thing in another. Good one.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    9. Re:Seems like the right reasons to me by CaptainDork · · Score: 1

      Discuss the impact of EU websites whose entire business model is collecting and selling EU user data.

      Also: How does this impact Google, Facebook, Instagram, Snapchat, Twitter, and others?

      --
      It little behooves the best of us to comment on the rest of us.
    10. Re:Seems like the right reasons to me by ranton · · Score: 1

      None of them are a problem to the average store. Most have already finished implementing it, I recently got a flood of emails from stores I used ages ago, telling me that they'd be really sorry to lose me as a customer but they are going to delete my data now if I don't (click here) to tell them I'm still interested in staying with them.

      I didn't say they were hard to implement, just that your statement was inaccurate.

      --
      -- All that is necessary for the triumph of evil is that good men do nothing. -- Edmund Burke
    11. Re:Seems like the right reasons to me by Anonymous Coward · · Score: 0

      By storing your users' data you potentially harm them if you store it in an insecure way or sell it to third parties. If you store it securely and delete it whenever your users request that, you comply with the law anyway. In a nutshell, GDPR is only going to be a problem for you if you're evil or stupid/technically incapable. Contraposition: Since you are not stupid or technically incapable, you will comply with the law. That's why you should and will comply with GDPR, assuming that the premise of the last sentence is true.

    12. Re: Seems like the right reasons to me by Anonymous Coward · · Score: 0

      So you prefer the toothless and blind version of eye for an eye, tooth for a tooth.

    13. Re:Seems like the right reasons to me by admin7087 · · Score: 1

      "good" is not subjective at all. The law is objectively good, as the example in the original story aptly illustrates.

    14. Re: Seems like the right reasons to me by halivar · · Score: 1

      So it's not about fairness; it's about revenge. Got it.

    15. Re:Seems like the right reasons to me by Anonymous Coward · · Score: 0

      No. Their citizens are patronizing your business while you are living in your country. The internet makes it very easy for them to reach you.

    16. Re:Seems like the right reasons to me by HornWumpus · · Score: 1

      One example of someone outside the EU having their accounts frozen (without being declared a terrorist org)?

      The EU doesn't have the teeth.

      I would suggest not keeping money in EU banks, duh. Unless your family has an old numbered swiss account that's still covered by confidentiality. But if your an old money tax evader, your likely not running a web site.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    17. Re: Seems like the right reasons to me by HornWumpus · · Score: 1

      Your fucking scumbag government doesn't have the balls.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    18. Re:Seems like the right reasons to me by Anonymous Coward · · Score: 0

      They aren't all "good and expected outcomes". Good being subjective.

      So you're saying nations and groups of nations acting unilaterally in their own self interest is a bad thing? Or is it only bad when other nations do it?

    19. Re:Seems like the right reasons to me by Anonymous Coward · · Score: 0

      So if your web site has a stock photo of a woman on it and she is not in a burka the Saudis have a right to chop your head off if one Saudi national visits your web site? And your inane idea is "+5, Insightful"?

      Wow. Just wow.

    20. Re:Seems like the right reasons to me by Anonymous Coward · · Score: 0

      That's not something that is going to happen, for the simple reason that it'd be against EU law.

      Companies and individuals only have to care about the laws in other jurisdictions if they do business there. It's been tested time and again - mostly by the USA wanting EU companies to abide by US laws, and European courts telling them where to get off. The recent well-publicised case of Microsoft fighting handing over Irish data to the US govt, and the European courts ruling that their Irish subsidiary was under no obligation to honour the US court's demands, is a fair example.

      Of course, this doesn't stop US companies frequently whining that they are going to have to follow laws of countries that they do billions of dollars of business in and even the ones where they have offices. Only the threat of huge fines will compel them to actually obey the law, and likely only after a protracted court battle or two to prove that the foreign jurisdiction isn't kidding.

    21. Re:Seems like the right reasons to me by LynnwoodRooster · · Score: 1

      And yet my country requires that I keep all that information for a minimum of 7 years. So it seems a lot simpler to just cut off any and all sales to the EU.

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    22. Re:Seems like the right reasons to me by ranton · · Score: 1

      So if your web site has a stock photo of a woman on it and she is not in a burka the Saudis have a right to chop your head off if one Saudi national visits your web site? And your inane idea is "+5, Insightful"?

      Wow. Just wow.

      If your country has an extradition treaty where they will send you to a country that will execute you for this kind of infraction then you have plenty of problems in your own country.

      But in the spirit of your hyperbole laden question, yes a foreign country should have the ability to create whatever arrest warrants it wants even if it doesn't like the way you jaywalk in your own country. It is up to you to determine if you want to visit that country or any country which would arrest you and extradite you to that country, and up to your government's treaties and state department to determine if they will uphold that country's ridiculous laws.

      If your country doesn't like the laws of another country, you can try to enact sanctions or even invade if you wish, but otherwise honor their right to make their own laws. You don't have to follow them if you don't want to, but you may have trouble visiting that country (and their allies) or extracting payment from their citizens if you ignore their laws.

      --
      -- All that is necessary for the triumph of evil is that good men do nothing. -- Edmund Burke
    23. Re:Seems like the right reasons to me by Anonymous Coward · · Score: 0

      You don't have to store user information at all. Process sales anonymously and only store their address long enough to print a shipping label.

    24. Re:Seems like the right reasons to me by ranton · · Score: 1

      And yet my country requires that I keep all that information for a minimum of 7 years. So it seems a lot simpler to just cut off any and all sales to the EU.

      I seriously doubt you are an expert on GDPR compliance. I'm not an expert either, but I manage the CRM of a US financial institution with EU clients and there is guidance on how to deal with these kinds of issues. Such advice is beyond the scope of a Slashdot post, but look into concepts such as data minimisation and purpose limitation if you are actually curious. In short, if you can show a good reason why you need to keep data and minimize your data to only keep what you need, you will get some latitude when it comes to your ability to store some personal information about your customers. Doing so for tax purposes is one of those good reasons to keep data.

      --
      -- All that is necessary for the triumph of evil is that good men do nothing. -- Edmund Burke
    25. Re:Seems like the right reasons to me by Anonymous Coward · · Score: 0

      You're certainly free to use the service in TFA to avoid those people. You can also use geo IP lookups, or just blanket ban all of the IP blocks assigned to the EU, and anyone else who's laws you wish to ignore. Just like in the physical world, you have the right to deny service to a customer.

      Don't serve them if you don't like their terms. Hell, that's exactly what they are asking you do to if you refuse or unable to comply with their laws: "Stop providing your services to us, it's not something our society as a whole wants."

      This shouldn't be so hard to understand.

    26. Re:Seems like the right reasons to me by LynnwoodRooster · · Score: 1

      Cool, so as long as some EU bureaucrat is not on an anti-US tear, I can keep the US-required information in my system. Otherwise I may be SOL!

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    27. Re:Seems like the right reasons to me by ranton · · Score: 1

      Discuss the impact of EU websites whose entire business model is collecting and selling EU user data.

      Also: How does this impact Google, Facebook, Instagram, Snapchat, Twitter, and others?

      The short answer is no one knows for sure, as it will take time to see how companies implement changes and how the courts handle GDPR.

      It will be more difficult. Many sites will need to deny service unless a user provides consent to sell data to third parties, or perhaps provide a paid option. Data brokers will likely be used so sites don't need to ask permission for every single company they sell your data to. Data brokers will have strict requirements regarding how they provide proof a user has given consent, and provide a mechanism to update data (not sure how well this will work in practice). Lawsuits are inevitable so these data brokers will need to work hefty legal fees in their business model for the foreseeable future, and probably set up their corporations so they can be easily dissolved in the case they lose a case.

      As for companies like Google and Facebook, they will mostly do what they do today. Allow advertisers to target customers directly on their sites without needing to provide that customer data to advertisers. I'm sure there will be some changes to their business model, but it will be among the easiest GDPR releated changes.

      --
      -- All that is necessary for the triumph of evil is that good men do nothing. -- Edmund Burke
    28. Re:Seems like the right reasons to me by MeNeXT · · Score: 1

      Because you cater to Europeans. Don't cater to them and you don't have to comply. Why do I have to pay to have my credit monitored? Business are lax with the personal information and hide behind vague policies and terms of service. This is an extreme reaction to an extreme problem that was getting worse.

      --
      DRM? No thanks, I'll just get it somewhere else...
    29. Re:Seems like the right reasons to me by Anonymous Coward · · Score: 0

      I didn't reach them. They reached out to me.

      They *CAME* to *me*, my server, on U.S. soil, in U.S. jurisdiction, under a U.S. business license.

      When their country is sending my country money for processing and handling for their citizens' interactions, we can talk.

    30. Re:Seems like the right reasons to me by Anonymous Coward · · Score: 0

      Yes. For example, in some countries the age of consent is 16, or even younger.
      Yet we cannot serve porn with 16 year olds to people in the US.
      Same with bestiality.
      Why is this so hard to understand?

    31. Re:Seems like the right reasons to me by mjtaylor24601 · · Score: 1

      "good" is not subjective at all. The law is objectively good, as the example in the original story aptly illustrates.

      How is "good" not subjective? Is there an ISO standard for "goodness"? Can I buy a good-o-meter to measure it?

      --
      I wish I were as sure of anything as some people are of everything
    32. Re:Seems like the right reasons to me by thegarbz · · Score: 1

      Well yes. Just pretending that you don't ignores years of precedents. It's the reason why companies like Apple will offer different warranties to customers in the EU vs the USA. It's the reason why when you pick up a product you'll find a laundry list of engravings on it all but one not relevant to you. It's the reason for long drawn out court cases between governments and corporations over data access.

      Your best option is to pick your fight. In that regard in some cases where laws between governments and consumers conflict you pick the one you're likely to get done for. It's rare that you are at risk of being in a catch 22 situation.

    33. Re:Seems like the right reasons to me by Anonymous Coward · · Score: 0

      Counter-claim: I (owner) am a US resident. My server is in the US. I shipped from the US. I don't have to care what EU law says any more than I have to care what Iranian law says.

    34. Re:Seems like the right reasons to me by ooloorie · · Score: 1

      Just because the Internet makes it so easy to reach those customers doesn't mean you should be able to ignore their laws.

      EU customers using a business outside the EU are responsible for complying with the laws under which the business operates. The EU does not get to dictate to businesses in other countries how they operate.

    35. Re:Seems like the right reasons to me by ooloorie · · Score: 1

      It's the reason why companies like Apple will offer different warranties to customers in the EU vs the USA.

      Apple actually has a subsidiary in Europe and that subsidiary must comply with EU laws. On the other hand, companies that don't have a business presence in the EU are not subject to EU law.

    36. Re:Seems like the right reasons to me by Anonymous Coward · · Score: 0

      And then I turn around and sue my bank for the entire amount of all the accounts before a US jury. I think they'll fold before it ever gets to trial, and if they don't fold, well, it's not a winnable case for the bank.

    37. Re:Seems like the right reasons to me by Teun · · Score: 1

      The EU doesn't have teeth.
      Indeed, the EU only sets a ruling after which the individual nations have to implement it in law.
      Meaning there will (after Brexit) be 27 different versions of this legislation.

      --
      "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
    38. Re:Seems like the right reasons to me by Anonymous Coward · · Score: 0

      Yes, having to tell your customers who you give data to and what is collected is such a bullying tactic!

      Of course we should continue to have absolutely no clue where personal data ends up or why we're keeping it.

      Seriously, this is utter BS.

    39. Re:Seems like the right reasons to me by Phillip2 · · Score: 1

      "I run a website with worldwide audience. I've also never been to Europe. Tell me why I should comply or face fines to a jurisdiction I've never been to?"

      You don't. If you do not collect personal data, the you do not to do anything. If you do collect personal data, you can ignore GDPR, regardless of who your clients are. If you do collect personal data and part of your business is in the EU, then, yes, you need to follow GDPR.

      This is not tyranny, it's just the normal process of jurisdiction.

    40. Re:Seems like the right reasons to me by Phillip2 · · Score: 1

      "Okay, so what you're saying is that in a world wide economics, I have to comply with often mutually excusive rules and laws."

      That happens at times, and then you have to decide. For example, US tax laws mean that banks are required to release information about US citizens to the US government, even if they bank abroad, or if they live abroad. So, if you are a German bank you must release information to the US government, at least if you have any assets of US controlled territory.

      But EU law (including now GDPR) says, you cannot release this information. So, you face a big fine either way.

      Solution for the bank: refuse to do business with US citizens. US citizens can either: bank with a US bank (expensive if you live in Germany); renounce their US citizenship (cheap, but potentially problematic) or lobby their government to change their tax laws (good luck with that).

    41. Re:Seems like the right reasons to me by Anonymous Coward · · Score: 0

      I have to comply with often mutually excusive rules and laws.

      Are you trying to be intentionally obtuse?
      You don't have to comply with every worldwide rule for specific country, only with specific country rule.
      So if you're going to do your web business in Germany, just keep it clean of swasticas and you're going to be ok.
      For US-ians you can show those.
      Not THAT hard, is it?

    42. Re:Seems like the right reasons to me by Registered+Coward+v2 · · Score: 1

      I run a website with worldwide audience. I've also never been to Europe. Tell me why I should comply or face fines to a jurisdiction I've never been to?

      You are servicing their citizens while they reside in their country, so you should follow their laws. Just because the Internet makes it so easy to reach those customers doesn't mean you should be able to ignore their laws.

      fair enough. So the US Government should be given access to any data if it ever passed through a US server since they were serviced in the US and thus are subject to their laws. (Change US with any other country if you want) You are essentially saying extra territorial enforcement of laws is OK.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    43. Re:Seems like the right reasons to me by Anonymous Coward · · Score: 0

      Funny that it is the US that keeps bullying the world in their trade rules, for profit. (DMCA, generic drugs, etc)

      These rules are to protect the European people (not profits), decent US citizens aren't going to violate these laws. The ones that do will probably decide to learn how to do business without hurting foreigners rights, and not "tell them to politely stick their judgement where the sun don't shine".

      Those who think foreigners rights shouldn't be protected should be fucked over. You are the one attempting to enforce your legislation overseas.

    44. Re:Seems like the right reasons to me by Anonymous Coward · · Score: 0

      Okay, so what you're saying is that in a world wide economics, I have to comply with often mutually excusive rules and laws. I must do this in this jurisdiction, and I am forbidden to do the same thing in another. Good one.

      Well, just because heroin is not illegal in your country, it doesn't mean it's legal in mine. So sell all the heroin you want in your country, but be prepared for the consequences -- whatever they may be -- if you start shipping your product here...

    45. Re:Seems like the right reasons to me by thegarbz · · Score: 1

      On the other hand, companies that don't have a business presence in the EU

      Don't sell to EU customers rendering your entire point moot.

    46. Re:Seems like the right reasons to me by Cederic · · Score: 1

      Yeah, if only GPDR recognised "Legal obligation" as a lawful basis for processing.

      Oh. Hang on.
      https://ico.org.uk/for-organis...

    47. Re:Seems like the right reasons to me by Cederic · · Score: 1

      28. This is one of the least like areas of divergence for the UK from EU law (unless we strengthen beyond the EU minimums) for pretty much the same reason most large US companies have EU data centres.

    48. Re:Seems like the right reasons to me by Cederic · · Score: 1

      Why do I have to pay to have my credit monitored?

      You don't. Well, ok, you don't in the UK, and we have Equifax, Experian and others.

      In June those two are getting a lovely chunky subject access request from me, and it'll be entirely free. I'm particularly interested in hearing how they process the data they hold on me.

    49. Re:Seems like the right reasons to me by Anonymous Coward · · Score: 0

      Every website YOU can write will alwayas fail to comply with the laws of North Korea and Iran.

      By following your logic, you have to follow every asinine law that any stupid government in any jurisdiction has invented.

      It's impossible to follow all laws of all countries just because your network connection is reachable from there. It would be ridiculous to demand otherwise.

    50. Re:Seems like the right reasons to me by Anonymous Coward · · Score: 0

      Could you please point me to the rule or law of a country that requires you to gather and/or process personal data on me that you have gathered without any other law requiring it and without informing me?

      Could you please point me to any other country that has a law that goes diametrically against the GDPR? And if you could point me to such a country, could you convince anyone that you would do business in such a country?

      And if we don't talk about the GDPR, what countries are you doing business in with your "world wide economics" that have mutually exclusive rules/laws?

      How your post was rated "4, Insightful" is beyond me. Are the moderators really that stupid? Perhaps I should log in and meta-moderate the heck out of this.

      The answer: Of course you have to comply with the laws of all the places you are doing business in. Just saying "but I am an internet company" doesn't let you do whatever you want. How could you even think that? Could you please explain?

      That attitude is why we have a shitload of trouble nowadays. I am happy the GDPR is trying to rectify that.

    51. Re:Seems like the right reasons to me by Anonymous Coward · · Score: 0

      Don't forget that in other jurisdictions the user might be in violation by visiting your site, therefore you might be aiding and abetting criminal activity.

    52. Re:Seems like the right reasons to me by ooloorie · · Score: 1

      Don't sell to EU customers rendering your entire point moot.

      I agree with you: I full approve of companies ostracizing and banning EU citizens until the EU changes its neo-imperialist attempts to impose its laws on the rest of the world, and that's what seems to be happening.

      I just happen to also condemn Europe's neo-imperialist attempts to impose its rules and regulations where it has no jurisdiction. And in some cases, I urge other countries to deliberately and expressly violate EU regulations, for example when it comes to European limits on free speech.

    53. Re:Seems like the right reasons to me by Anonymous Coward · · Score: 0

      so by your reasoning ...
      if some Chinese person calls me on my phone, I have to follow chineses law with regards to what I can and cannot say

    54. Re:Seems like the right reasons to me by thegarbz · · Score: 1

      LOL.

      I just happen to also condemn Europe's neo-imperialist attempts to impose its rules and regulations where it has no jurisdiction

      Except it hasn't. Like AT ALL. And if you think it has I would invite you to read the GDPR. You'll find it violates not a single regulation of another country.

    55. Re:Seems like the right reasons to me by ooloorie · · Score: 1

      Except it hasn't. Like AT ALL.

      It has. Many times. You need to pay more attention to what's happening on European politics and actually understand it, instead of swallowing government propaganda hook line and sinker.

      And if you think it has I would invite you to read the GDPR. You'll find it violates not a single regulation of another country.

      You are so steeped in the European totalitarian mindset that you equate "not imposing rules on people" with "not violating existing rules".

    56. Re:Seems like the right reasons to me by thegarbz · · Score: 1

      Okay step up and show examples if you think so. Show us where the GDPR violates some American rules.

      As for your equation at the end. That doesn't logically compute at all. If all you can do is make rules then by not making rules that affect a certain group you by extension don't violate any existing rules affecting that same group.

      But again I'll wait here patiently sitting in my chair in a part of the world where residents are deemed important enough to not have everything about them probed at all times waiting for you to come up with an example of how you are oh so affected elsewhere.

      I hope you have something more concrete than ad hominem logical fallacies. Or maybe you just don't understand the word totalitarian, that is quite possible too given the context of the conversation.

    57. Re:Seems like the right reasons to me by ranton · · Score: 1

      Every website YOU can write will alwayas fail to comply with the laws of North Korea and Iran.

      By following your logic, you have to follow every asinine law that any stupid government in any jurisdiction has invented.

      It's impossible to follow all laws of all countries just because your network connection is reachable from there. It would be ridiculous to demand otherwise.

      Who cares if you break North Korean law? Don't go there and you'll be fine. Actively block their users if you care that much. North Korea is free to fine you, but if you don't have any money in their banks or any banks which would allow North Korea to take your money, you'll be fine. The same is true for any country.

      --
      -- All that is necessary for the triumph of evil is that good men do nothing. -- Edmund Burke
    58. Re:Seems like the right reasons to me by ranton · · Score: 1

      so by your reasoning ...
      if some Chinese person calls me on my phone, I have to follow chineses law with regards to what I can and cannot say

      Heck, China could create a rule that you can't say anything on US domestic calls either. Maybe they have a law where Americans can't wear blue. Who cares? If a country has such ridiculous rules then don't travel to that country or do business in that country. If your country would extradite you to China for breaking these rules, or allow any fines to be collected by local authorities, you need to move to a new country.

      --
      -- All that is necessary for the triumph of evil is that good men do nothing. -- Edmund Burke
    59. Re:Seems like the right reasons to me by ranton · · Score: 1

      fair enough. So the US Government should be given access to any data if it ever passed through a US server since they were serviced in the US and thus are subject to their laws. (Change US with any other country if you want) You are essentially saying extra territorial enforcement of laws is OK.

      Extra territorial enforcement of laws is perfectly okay, but the enforcement of those laws will be limited by the enforcement options available to each foreign government. Some enforcement options may be granted by treaty or other agreement. Some may be granted by control they have other the payment methods used by their citizens.

      If you violate GDPR from within the US, it's not like the EU will execute you. You will pay penalties. The manner in which the EU will enforce these penalities relies on a mix of their authority, jurisprudence, and international law. If you have a physical presence in the EU, that makes things easier. For those who don't have a physical presence, their ability to enforce penalties will have more to do with the EU's relationship with the business's home country. The US for instance has a very close relationship with the EU, and are actively working through the civil enforcement mechanisms for the GDPR. Using the EU-U.S. Privacy Shield data sharing agreement as a guide, my guess is the US will enforce EU fines on US companies.

      --
      -- All that is necessary for the triumph of evil is that good men do nothing. -- Edmund Burke
    60. Re:Seems like the right reasons to me by ranton · · Score: 1

      EU customers using a business outside the EU are responsible for complying with the laws under which the business operates. The EU does not get to dictate to businesses in other countries how they operate.

      That simply isn't how the law works. If your home country is resistant to work with the EU, you will probably be safe from penalties unless you have a physical presence in the EU. But if for instance you do business in the US, there are existing agreements between the US and EU which allow EU countries to enforce certain fines on US companies. The US government is still working through how local enforcement of GDPR penalties will be handled in US civil courts, but I assure you the final agreement will allow EU member nations to penalize US companies for violations to the GDPR.

      --
      -- All that is necessary for the triumph of evil is that good men do nothing. -- Edmund Burke
    61. Re:Seems like the right reasons to me by ranton · · Score: 1

      Counter-claim: I (owner) am a US resident. My server is in the US. I shipped from the US. I don't have to care what EU law says any more than I have to care what Iranian law says.

      Not true, because the US has a far closer relationship with the EU than they do Iran. The US civil courts will almost certainly uphold EU fines related to the GDPR.

      --
      -- All that is necessary for the triumph of evil is that good men do nothing. -- Edmund Burke
    62. Re:Seems like the right reasons to me by ranton · · Score: 1

      I didn't reach them. They reached out to me. They *CAME* to *me*, my server, on U.S. soil, in U.S. jurisdiction, under a U.S. business license. When their country is sending my country money for processing and handling for their citizens' interactions, we can talk.

      Then you should pay attention to how the US government sets up its own civil enforcement agreements with the EU regarding GDPR violations. The US has a vested interest in making it easier for US companies to sell to EU citizens and operate in the EU, which is why they already have frameworks such as the EU-US Privacy Shield exist.

      I assure you the US government will assist the EU in enforcing fines on US companies related to GDPR.

      --
      -- All that is necessary for the triumph of evil is that good men do nothing. -- Edmund Burke
    63. Re:Seems like the right reasons to me by ooloorie · · Score: 1

      But again I'll wait here patiently sitting in my chair in a part of the world where residents are deemed important enough to not have everything about them probed at all times

      Oh, you poor thing, you are sitting in a part of the world where you are probed every microsecond of your little, miserable, constrained life, and you are so indoctrinated and ignorant that you don't even recognize it. And this privacy legislation that you so foolishly believe protects you from probing in fact, ensures that your entire life remains an open book to your government. You simply don't see your life being an open book to your government as a problem. Which brings us to the second point...

      Or maybe you just don't understand the word totalitarian, that is quite possible too given the context of the conversation.

      I understand the world "totalitarian" just fine. It's what you are, because you evidently have no problem with giving total access and control over your life and data to your government, you simply believe that your government isn't going to misuse that data and instead is going to use it to help you. That is the essence of totalitarianism.

      Show us where the GDPR violates some American rules.

      Nowhere did I claim it does. I claimed (correctly) that European governments in general have been trying to impose their rules on the rest of the world; the best strategy for that is to try to play regulatory Judo and come up with rules and regulations that don't technically violate anybody else's rules but still achieve your objectives.

    64. Re:Seems like the right reasons to me by houghi · · Score: 1

      Yep, that is unfortunately how it is. I am sure AB Inbev as a Brazillian-Belgian company would LOVE to sell beer to people from 16 years on as they are allowed to do in Belgium. Yet they are not allowed to do so.
      You do business there, you follow the rules. Do not like the rules? Do not do business there.
      That means that if you provide a free service to there Europeans, you cut them off and then tell your advertisers that your users have goinbe down by 50% and you take the loss.

      Here you have even been informaed on how to do that. Just Geoblock the whole of the EU.

      --
      Don't fight for your country, if your country does not fight for you.
    65. Re:Seems like the right reasons to me by ooloorie · · Score: 1

      That simply isn't how the law works

      Yes, that is how the law works.

      there are existing agreements between the US and EU which allow EU countries to enforce certain fines on US companies. ... but I assure you the final agreement will allow EU member nations to penalize US companies for violations to the GDPR.

      I'm not aware of any such agreement, but you're welcome to point me to it. There is the US-EU privacy shield, but that reduces liability under EU law,

      Of course, if such an agreement exists, US companies still wouldn't be liable under EU law, they would be liable under US law.

    66. Re:Seems like the right reasons to me by Anonymous Coward · · Score: 0

      No. He is providing a service that people in that country may choose to access. He should not be beholden to every arbitrary regulation enacted in countries around the world just because the internet exists.

    67. Re:Seems like the right reasons to me by ranton · · Score: 1

      I'm not aware of any such agreement, but you're welcome to point me to it. There is the US-EU privacy shield, but that reduces liability under EU law,

      The US-EU privacy does have a section related to enforcement of laws related to EU privacy breaches. The link to that section of the the framework is here but I am not aware of every US statute related to US compliance with this framework.

      Of course, if such an agreement exists, US companies still wouldn't be liable under EU law, they would be liable under US law.

      This is true, once the US makes these agreements they become US law. They are US laws which are made to ensure EU laws are followed by US companies, but they are still US laws. I wasn't getting into that level of detail with the semantics because the result is still the same: EU member countries will be able to directly fine US companies, like they do today for other similar laws. New US laws will continuously be created to help ensure US companies follow GDPR as well.

      --
      -- All that is necessary for the triumph of evil is that good men do nothing. -- Edmund Burke
    68. Re:Seems like the right reasons to me by danbuter · · Score: 1

      The EU is a fascist state. Their bureacrats just don't wear military uniforms anymore.

    69. Re:Seems like the right reasons to me by ooloorie · · Score: 1

      New US laws will continuously be created to help ensure US companies follow GDPR as well.

      I think you fundamentally misunderstand what Privacy Shield is. Privacy Shield doesn't extend EU rules to the US, Privacy Shield exempts US companies from EU liability when dealing with European customers in return for following certain practices, and it makes sure that any claims are adjudicated in the US, even for companies that actually have assets in Europe. Privacy Shield isn't the US yielding to EU pressure, it's the EU yielding to US pressure.

      Companies who don't opt into Privacy Shield face no liability under US law; they may face liability under EU law, which is unpleasant if they actually want to conduct business in the EU. Anybody else can tell EU courts and EU citizens claiming GDPR protection to go pound sand. Personally, though, I think what companies actually should do is explicitly prohibit anybody falling under GDPR protection from accessing their systems and treat violations as illegal computer access, which is a felony under US law and an extraditable offense.

    70. Re:Seems like the right reasons to me by david_thornley · · Score: 1

      I seriously doubt you are an expert on GDPR compliance.

      I seriously doubt LynwoodRooster wants to become such an expert. The proposed fines can be ruinous to a small business (up to $24M), and that's not a risk worth taking to get a little extra business.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    71. Re:Seems like the right reasons to me by Vlado · · Score: 1

      The thing is that there's huge amount of FUD going on about GDPR.

      Like it was stated earlier in the thread, most of the sites won't need to do anything special in regards with GDPR. You don't need to hire an extra person to be your compliance officer, you can appoint yourself as one (if you need to have one in the first place).
      Fines also will not be leveraged to their full extent unless you are a) a repeated offender, b) break same rules over and over again, after repeated warnings, c) your "offences" aren't egregious in terms of scope and amount of users that you violate, d) show intent, e) all of the above combined.

      For most of the GDPR rules, they are simply rules that I think anyone would want sites that they visit to have enforced:
      - Treat my data responsibly
      - Do not sell my data to third parties, unless you inform me and I give you consent
      - If someone steals my data from your site, let me know ASAP
      - Let me know what data about me you collect
      - Allow me to verify what about me you have
      - Allow me to erase my data*

      *erasure of data does not necessarily imply that you have to erase sales logs, related to your trading with me, as compliant with local tax regulations, for instance.

      If you don't want to do that, then I think it's fairly safe to say that you either don't really respect me as a customer or your intents are malicious in the first place.

    72. Re:Seems like the right reasons to me by Vlado · · Score: 1

      That, of course, is not true.

      Countries (including US) have always been specific about how websites can or cannot offer their services or content to their citizens. One of examples are gambling sites. Lots of times those sites are illegal if they don't comply with local regulation (read: pay local taxes) and there will be attempts to either block them or fine them. This is absolutely no different. If your business model is to attract customers from certain countries then you should be prepared to abide by the laws of those countries. It is your choice not to do business with their citizens if you decide that the bother and costs outstrip your profit. It's a great thing that nobody is twisting your arm that you HAVE to sell your products or services to someone who is from a country you don't want to sell to.

    73. Re:Seems like the right reasons to me by Registered+Coward+v2 · · Score: 1

      Extra territorial enforcement of laws is perfectly okay, but the enforcement of those laws will be limited by the enforcement options available to each foreign government. Some enforcement options may be granted by treaty or other agreement. Some may be granted by control they have other the payment methods used by their citizens.

      I am not a big fan of extra-territeriol enforcement, for a variety of reasons. It means companies can be forced to turn over data even if they tie to the country enforcing the laws is simply that the data is held by a company with major business in the country seeking to enforce the laws; businesses will decide what to do based on the economic clout of a country (See Taiwan vs. PRC); or being fined or sued because even if the complied with the laws for data in the enforcing country the may not be in compliance for data stored elsewhere or how their site operates. I doubt a small EU company would be happy to be dragged into a US court because of a technical violation of the ADA simply because their website is accessible to someone in the US.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    74. Re:Seems like the right reasons to me by ooloorie · · Score: 1

      Lots of times those sites are illegal if they don't comply with local regulation

      I'm sure lots of things I do are illegal in Europe and North Korea. Why would I care?

      and there will be attempts to either block them or fine them.

      The EU is perfectly free to impose fines on me all it wants, and it's perfectly free to block its citizens, and I'm perfectly free to ignore them.

      If your business model is to attract customers from certain countries then you should be prepared to abide by the laws of those countries.

      I only worry about the laws of countries whose jurisdiction I'm subject to; why would I worry about anything else?

      And in some cases (e.g., European laws restricting free speech), I make it a point of violating them explicitly, and encourage others to do the same thing.

    75. Re:Seems like the right reasons to me by Vlado · · Score: 1

      Like it or not your country (be that U.S. or pretty much any other) is very likely a partner to EU through one or more treaties. At least by U.S. constitution, content of treaties pretty much equals constitutional-level law (Article VI, paragraph 2).
      That means that if there's a provision in any U.S. - EU treaty, saying that you have to abide by EU regulations, when serving EU customers, you simply have to do it. Otherwise your own country may enforce those regulations on you.
      https://www.law.cornell.edu/co...

      The problem with your argument is not that your don't want to abide by the EU regulations. It is that you want to expand your business to the EU and at the same time not abide by its regulations.
      You are in similar position as an ice-cream van. If you do business from it in Texas, then US laws apply. If you drive into Mexico then make sure that you abide by Mexican laws when selling the goods. If you'r profits from Mexican customers will be good enough, I bet you'll do your best to make sure everything is in order for you to have your business thrive there.
      Even inter-state in US you'd have to be careful about what you can and cannot do.

    76. Re:Seems like the right reasons to me by thegarbz · · Score: 1

      you are sitting in a part of the world where you are probed ... You simply don't see your life being an open book to your government as a problem.

      Err. No. That is the exact opposite of what I said. An ad hominem followed by a strawman in one paragraph, you're quite good at this whole not having an argument thing.

      I understand the world "totalitarian" just fine. It's what you are,

      Ahhh so you have no argument and fall back to ad hominem attacks.

      Nowhere did I claim it does.

      And I quote: "Being fined into oblivion for being on the web by an entity that you have never had interaction with, should be problematic for everyone."

      I claimed (correctly)

      And you have provided nothing to back up that claim at all.

      I'm done. It's quite clear you don't have a clue how this law works, or other laws in the EU for that matter, and can't even follow your own conversation that you have derailed with nothing by ad hominem attacks ever since I called you out to display a burden of proof.

      Have a good day.

    77. Re:Seems like the right reasons to me by Teun · · Score: 1

      Historically the UK had a habit of 'enhancing' EU regulations.
      But one of the reasons for the Brexit was the wish by some to on the right to avoid the (conceived) burden of EU regulation.

      --
      "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
    78. Re:Seems like the right reasons to me by ooloorie · · Score: 1

      you are sitting in a part of the world where you are probed ... You simply don't see your life being an open book to your government as a problem.

      Err. No. That is the exact opposite of what I said. An ad hominem followed by a strawman in one paragraph, you're quite good at this whole not having an argument thing.

      I understand the world "totalitarian" just fine. It's what you are,

      Ahhh so you have no argument and fall back to ad hominem attacks.

      Nowhere did I claim it does.

      And I quote: "Being fined into oblivion for being on the web by an entity that you have never had interaction with, should be problematic for everyone."

      I claimed (correctly)

      And you have provided nothing to back up that claim at all.

      I'm done. It's quite clear you don't have a clue how this law works, or other laws in the EU for that matter, and can't even follow your own conversation that you have derailed with nothing by ad hominem attacks ever since I called you out to display a burden of proof.

      Have a good day.

      Err. No. That is the exact opposite of what I said.

      Yes, it is the opposite of what you said. That's because you don't realize that you are an open book to your government. The GDPR does not actually protect your data against government spying.

      And I quote: "Being fined into oblivion for being on the web by an entity that you have never had interaction with, should be problematic for everyone."

      I didn't write that. But even if I did, "being fined by Europe" or having "European rules imposed on us" wouldn't "violate any US rules", but it would still be an infringement on our liberty. Your criterion of saying that "X diminishes American liberties if and only if X conflicts with American rules" itself shows how twisted and totalitarian your thinking is, since it implies that liberties are granted by rules, as opposed to the absence of rules.

      I claimed (correctly) that European governments in general have been trying to impose their rules on the rest of the world;

      And you have provided nothing to back up that claim at all.

      I don't have to. We're not having a debate with audience voting. I am informing you that this is my view. I actually think it is patently obvious, given the GDPR itself, as well as recent examples where Europe has tried to squash legal free speech in the US because it conflicted with European censorship. If you're unfamiliar with those examples or don't understand how they amount to what I'm saying, then the problem lies with you. Fortunately, the US has (so far) told the EU to get lost.

      An ad hominem followed ... fall back to ad hominem attacks

      And argumentum ad hominem would be "you are wrong because you are a European". Calling you a "totalitarian" isn't an argument at all, it's an observation and a conclusion, just one you happen not to like.

    79. Re:Seems like the right reasons to me by ooloorie · · Score: 1

      That means that if there's a provision in any U.S. - EU treaty, saying that you have to abide by EU regulations, when serving EU customers, you simply have to do it. Otherwise your own country may enforce those regulations on you.

      Correct, Americans have to obey US laws; Americans do not have to obey European laws. Which is what I was saying. And just because the US signed a treaty with the EU does not mean that the treaty is valid under US law; that is, if there is a conflict, then (portions of) the treaty may become invalidated.

      The problem with your argument is not that your don't want to abide by the EU regulations. It is that you want to expand your business to the EU and at the same time not abide by its regulations.

      We're not talking about companies "wanting to expand business to the EU", we're talking about US companies doing their business in the US and EU customers using them over the Internet. AirBnB renting European apartments to European customers should be subject to EU rules; AirBnB renting US apartments to European tourists should not be subject to EU rules. In the case of AirBnB, the EU can use AirBnB's desire to expand to Europe to strong-arm the company on US soil, but that doesn't apply to companies who don't care about doing business in the EU.

      You are in similar position as an ice-cream van. If you do business from it in Texas, then US laws apply. If you drive into Mexico then make sure that you abide by Mexican laws when selling the goods.

      No, the situation is not the same. An ice-cream van needs to be physically close to customers, which is why it falls under the jurisdiction of its customers. But if my ice-cream van stays in Texas and a Mexican mail-orders ice cream cones from me, I don't have to ensure that the transaction complies with Mexican law.

      Even inter-state in US you'd have to be careful about what you can and cannot do.

      The US generally takes a dim view when one state tries to impose its rules on other states even within the US.

    80. Re:Seems like the right reasons to me by tepples · · Score: 1

      We're not talking about a company asking for your name and mail address so they can deliver a box with shit you buy in it. You take that information, you store it, you don't distribute it, you're golden.

      A firm selling goods on the Internet must disclose that information to the payment processor and shipping courier. In addition, a firm outside the Union must either A. hire someone in the Union to act as the firm's representative pursuant to article 27 or B. refuse business to individuals in the Union.

  4. Thousands, try millions. by Anonymous Coward · · Score: 0

    No, compliance can not be achieved under a quarter of a million euros/year.

    1. Re:Thousands, try millions. by FictionPimp · · Score: 5, Informative

      We didn't find much trouble in compliance. Sure we had to write a few policies and work out a procedure for exporting and deleting data from our systems. We did not spend even 25k in work to pull this off. It was fairly trivial for companies that don't make a product out of consumers.

    2. Re:Thousands, try millions. by Anonymous Coward · · Score: 1

      can't you just destroy all data?

    3. Re:Thousands, try millions. by Anonymous Coward · · Score: 0

      A one person shop cannot afford a DPO. And no, the owner of the place cannot function as the DPO as per the law, which means hiring someone at $250/hour on retainer.

    4. Re:Thousands, try millions. by Fringe · · Score: 2

      The trouble is, actually being in compliance isn't enough. You have to be able to afford the lawyers to defend against the accusations, even when they're completely invalid. All you've done is reduce your risk; you haven't eliminated it.

    5. Re:Thousands, try millions. by mvdwege · · Score: 3, Informative

      A one person shop does not need a DPO:

      Does my business need to appoint a Data Protection Officer (DPO)?

      DPOs must be appointed in the case of: (a) public authorities, (b) organizations that engage in large scale systematic monitoring, or (c) organizations that engage in large scale processing of sensitive personal data (Art. 37). If your organization doesnâ(TM)t fall into one of these categories, then you do not need to appoint a DPO.

      (Source: GDPR FAQ)

      Unless that one person shop does engage in large scale processing of sensitive personal data, of course, but then they either have enough revenue to afford a DPO, or they are a shady 'ethicul biznizman' (aka spammer).

      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    6. Re:Thousands, try millions. by gaspyy · · Score: 1

      Only big companies need DPO. As per GDPR, DPOs must be appointed where the core activities of the controller or the processor involve regular and systematic monitoring of data subjects on a large scale.
      Also, an existing employee can function as DPO.

    7. Re:Thousands, try millions. by DNS-and-BIND · · Score: 0

      Just think of how many companies would be put out of business with an unexpected $25,000 expense. If your reaction is "screw them" then congratulations on punching down. Speak truth to the powerless!

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    8. Re:Thousands, try millions. by Anonymous Coward · · Score: 0

      I believe there is insurance for this.

      https://judyselbyconsulting.com/2018/02/06/insurance-coverage-gdpr-exposures/

    9. Re:Thousands, try millions. by Anonymous Coward · · Score: 0

      how is it that much worse than the status quo with patent litigation, among other risks?

    10. Re: Thousands, try millions. by Anonymous Coward · · Score: 0

      Define "large scale". Many internet forums are run by just one person, and have in many cases thousands of users (some of whom volunteer as moderators.) They have to store user account data in order to work, and these sites operate on little profit (often even at a loss.)

    11. Re: Thousands, try millions. by mvdwege · · Score: 0

      Learn to read. I posted a link to the FAQ, and it amply covers this use case.

      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    12. Re:Thousands, try millions. by LynnwoodRooster · · Score: 1

      That states when you MUST have a DPO; it does not absolve you of a DPO in all other cases.

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    13. Re:Thousands, try millions. by LynnwoodRooster · · Score: 1

      Nice! Let's make the lawyers even richer by paying them to defend us against the rules they wrote!

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    14. Re:Thousands, try millions. by suutar · · Score: 1

      This is not in any way a new thing.

    15. Re:Thousands, try millions. by Anonymous Coward · · Score: 0

      This is Europe, not the US. Loser's pay. Not that it's ideal, but a consequence is that people don't have the sue reflex.

      In any case, it's not a civil matter. The fine, if any, is levied by the state supervisory authority. You go to them with an invalid complaint, they'll kick you out for wasting their time. The alleged offender won't even hear about it. The only lawsuit a waster can file is against said authority for not doing their job.

    16. Re:Thousands, try millions. by ooloorie · · Score: 1

      We didn't find much trouble in compliance.

      How nice for you. But this is also a matter of principle.

    17. Re:Thousands, try millions. by Anonymous Coward · · Score: 0

      We are talking about the EU, not the US. So no you are not subjects to frivolous lawsuits like over there. The legal climate in the US is always interesting to hear about. It is like that dead frog you poke with a stick as a kid. Disgusting and something you don't want to have, but strangely interesting at the same time.

    18. Re:Thousands, try millions. by Anonymous Coward · · Score: 0

      Your source disqualified itself:

      This is not an offical EU Commission or Government resource. This is a education portal and the information contained within this portal does in no way constitute legal advice. Any person who intends to rely upon or use the information contained herein in any way is solely responsible for independently verifying the information and obtaining independent expert advice if required.

      I saw a similar document but it was from the actual EU Commission - a 'dumbed down' version that gave the caveat that everything you just read is BS. And that was from the EU. The nature of law, I suppose. Bad law, at least.

  5. Ender's game by imrahilj · · Score: 1

    When I read Ender's game for the first time several years ago, I was struck by the idea that even though the story had been written long before the internet became what it is now, "the Nets" could still be in our future. The ever increasing geographic restrictions on the internet are taking us closer and closer to "the Nets". Now we just gotta hope that the bugs stay away...

    1. Re:Ender's game by Anonymous Coward · · Score: 1

      I think "Friday" by Robert Heinlein would be a more likely outcome with the United States breaking up into smaller countries.

    2. Re:Ender's game by lgw · · Score: 1

      I think "Friday" by Robert Heinlein would be a more likely outcome with the United States breaking up into smaller countries.

      Nah, not likely. If all goes as planned, California will succeed. The next week it will be conquered by the might of the US military. The following week draconian reparations and tribute will be imposed, such that Cali residents pay enough taxes that the rest of the US pays none. Still one country, though.

      --
      Socialism: a lie told by totalitarians and believed by fools.
  6. GDPR will fragment the internet by xack · · Score: 2

    Just like China has their own websites that comply with the great firewall we will have a world where large chunks of the internet will be GDPR walled. I expect most US companies will find it more profitable to block than comply.

    1. Re: GDPR will fragment the internet by Anonymous Coward · · Score: 1

      Most US companies find it more profitable to hire illegal immigrants than comply.

      What else is new?

    2. Re: GDPR will fragment the internet by Anonymous Coward · · Score: 0

      Which is a Shane, because this is exactly the sort of law that should be implemented world wide.

      For example, I should be able to unsubscribe from a service without having to worry about my data being accessed by an intruder years later.

    3. Re:GDPR will fragment the internet by JaredOfEuropa · · Score: 3, Insightful

      It depends on how onerous the GDPR really is. The biggest one is the requirement to have a Data Protection Officer, but this is required "only for those controllers and processors whose core activities consist of processing operations which require regular and systematic monitoring of data subjects on a large scale or of special categories of data or data relating to criminal convictions and offences." For the rest it is pretty basic stuff: you need to be aware of the rules, and prepared to take action e.g. in case of a data leak. A lot of it really is common sense stuff, that is if you're a conscientious operator.

      The big companies will have no trouble complying, paying lip service or working around the rules. The smaller companies might at first decide to forget about Europe. This happened with a couple of smaller service providers when the EU VAT rules were changed: I got a few notices that such-and-such company was no longer able to provide their service in Europe. However they probably looked at the amount of business they were getting from Europe, had another look at the rules and found them not that hard to comply with, and removed the block.

      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
    4. Re: GDPR will fragment the internet by ranton · · Score: 1

      Most US companies find it more profitable to hire illegal immigrants than comply. What else is new?

      That isn't the same as this situation at all. Companies which use services like this are not breaking the law by not complying, they are mearly making sure their business model and customer base does not require them to comply. It would be like companies moving their operations to Mexico where the workers aren't illegals.

      --
      -- All that is necessary for the triumph of evil is that good men do nothing. -- Edmund Burke
    5. Re: GDPR will fragment the internet by LynnwoodRooster · · Score: 1

      Which is a Shane, because this is exactly the sort of law that should be implemented world wide.

      For example, I should be able to unsubscribe from a service without having to worry about my data being accessed by an intruder years later.

      Well, it's closer to a Roger, but we get your general idea...

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    6. Re:GDPR will fragment the internet by Anonymous Coward · · Score: 0

      and europe says fuck you. Nobody forces you to take our money but you americans are to greedy to walk away when there is even one more cent to nickle ad dime out of some ones pocket.

      EVERY person should have the larger amount of protection not the lesser.

    7. Re: GDPR will fragment the internet by Anonymous Coward · · Score: 0

      If an illegal shows up with a valid SSN/TIN and the business submits the right forms they are off the hook.

      If a Eurofag uses a VPN to get around the geo locating service the business is still at fault over this retarded rule.

      Also, like many EU countries laugh at US Copyrights and extradition requests (based on THEIR view of the US law, not the law itself) I don't think the US is gonna start handing over tax paying US Citizens to some Eurofag gov't because said Eurocunt freely typed in their info on a web site.

    8. Re:GDPR will fragment the internet by HornWumpus · · Score: 1

      This law doesn't say that. Next the EU will block websites that simply ignore their overreach.

      That will be the 'screw you'. But VPNs.

      Perhaps the VPN operators in the EU will comply, but I wouldn't count on it.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    9. Re:GDPR will fragment the internet by Anonymous Coward · · Score: 0

      Well, really the idea is to create barriers that small independent operators can't afford. It's a form of 'licensing' to protect the *media/tech giants* from competition. Pay no attention to their melodramatics.

      Some form of circumvention, through VPNs whatever, needs to be put in place. But it all boils down to bypassing the ISP, because they can block anything. They are the enemy's gatekeeper that we must tear down to make progress in the other areas of defeating censorship, etc. Then we can truly say 'fuck Europe(and everybody else looking to interfere with communications)' to their stupid regulations. I want to see them weep for the loss of authority.

    10. Re:GDPR will fragment the internet by drsquare · · Score: 1

      And just like in China, this will allow native European companies to take marketshare from the yanks.

    11. Re: GDPR will fragment the internet by Teun · · Score: 1

      So I use a VPN to order some equipment and you couldn't recognise the address to ship it to as outside of the USofA.
      A new confirmation of an old tale about American geographical knowledge :)

      --
      "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
    12. Re:GDPR will fragment the internet by Anonymous Coward · · Score: 0

      The requirement to have a DPO isn't as big of a deal as it sounds.
      In almost all cases you can simply appoint an existing employee as DPO.

  7. The sky is falling by OrangeTide · · Score: 1

    If the US does similar legislation then suddenly the Internet will align to us and people will figure out new ways to make money.

    --
    “Common sense is not so common.” — Voltaire
  8. Good by houghi · · Score: 5, Interesting

    The way I see it as a European, it will mean that they where selling my data anyway, so that means they won't do that anymore. It also means they will not be able to do that for any of the other 350+MM Europeans.

    This was also the intended reason for the law. It is as if Europe is saying "You are not allowed to take our data" and these websites are saying "Well, if that is the case, as punishment, we are not going to take your data."

    --
    Don't fight for your country, if your country does not fight for you.
    1. Re:Good by ganjadude · · Score: 1

      yeah, but how usefull is the internet when half of it pulls out of your location??

      --
      have you seen my sig? there are many others like it but none that are the same
    2. Re:Good by dave420 · · Score: 1

      There is no evidence that will happen, so I fail to see what your point is.

      Can you stop spreading nonsense about Europe, please? It seems every comment you make regarding it is factually incorrect.

    3. Re:Good by alvinrod · · Score: 1

      It's probably not that simple. Some people who don't care are going to use proxies to get around the block. Also, you don't need to be a member of a website in order for them to be able to build a profile of you and your information. You probably have friends and acquaintances who are members that will gladly supply some information about you in fairly innocuous manners such as tagging you in photos or indicating a shared work history.

      Even if you follow GDPR and are compliant, all it takes is one data breach for that information to be available to whomever wants to hoover it up. Banks have all manners of security regulations and take various other precautions themselves, but about 4,000 are still robbed every year in the U.S.

      As long as the data is valuable, someone will try to find a way to obtain it. I'm sure that in 5 years we'll be complaining about the various legal loopholes in these laws that have rendered them toothless for some reason.

    4. Re:Good by religionofpeas · · Score: 1

      If it's the half I didn't want anyway, that's perfectly fine.

    5. Re:Good by Carrot007 · · Score: 1

      This half that want to abuse you? Very good! In fact 100% better.

      --
      +----------------- | What is the question!
    6. Re:Good by Anonymous Coward · · Score: 0

      it will mean that they where selling my data anyway

      That's very naive. The block will be installed in many case — probably most cases — just to preclude any possible liability whether they're selling the data or not.

      Enjoy.

    7. Re:Good by omnichad · · Score: 1

      Opening up the market to new, local competition? It just sounds better and better.

    8. Re:Good by argStyopa · · Score: 1

      Enjoy using Yandex instead of google then.

      --
      -Styopa
    9. Re:Good by BronsCon · · Score: 1

      An argument between ganjadude and dave420? Where's my popcorn?

      Also, there's no evidence it won't happen. I see no nonsense being spread here, only someone positing something that might actually happen. Time will tell; perhaps you shouldn't go around screaming "that won't happen" (an absolute) in response to someone positing that it might, lest you look like a fool if it does?

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    10. Re:Good by Opportunist · · Score: 1

      You mean you'd be sad if all the spammers went away and the trojan in your computer can't connect to its control server anymore?

      That part of the internet can as far as I'm concerned go to hell as well. Just like the data miners that now wail about their lost hunting grounds. Good riddance!

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    11. Re:Good by Anonymous Coward · · Score: 0

      You seriously think a company the size of Google (or Facebook, or Amazon, etc.) will pull out of the EU market to avoid spending a tiny amount (for them) complying with this law?

      That would be very uncapitalist of them, voluntarily foregoing masses of revenue.

    12. Re:Good by cascadingstylesheet · · Score: 1

      yeah, but how usefull is the internet when half of it pulls out of your location??

      Just as useful, since they will just use the same VPNs that they use now to watch that awful American TV that they hate.

    13. Re:Good by Anonymous Coward · · Score: 0

      Don't be presumptuous. Dave420 may just be honouring Adlof Hitlers birthday.

    14. Re:Good by jader3rd · · Score: 1

      yeah, but how usefull is the internet when half of it pulls out of your location??

      More useful than it was before.

    15. Re:Good by ganjadude · · Score: 1

      really? I made 1 comment about the EU in i dont even know how long.

      if a tool is being made to block EU due to these new regulations, clearly it is a concern for some.

      --
      have you seen my sig? there are many others like it but none that are the same
    16. Re:Good by ceoyoyo · · Score: 1

      Google (and all it's services) are compliant.

    17. Re:Good by Anonymous Coward · · Score: 0

      There are not 350 trillion Europeans. It's bad enough that utilities cannot decide whether M is mega or a Roman numeral, but there's no reason to propagate this asinine syntax elsewhere.

    18. Re:Good by WaffleMonster · · Score: 1

      The way I see it as a European, it will mean that they where selling my data anyway, so that means they won't do that anymore. It also means they will not be able to do that for any of the other 350+MM Europeans.

      LOL I went to the European unions own website.
      https://europa.eu/

      It can't even stop itself from calling home to Google. Even the website dedicated to explaining GDPR

      https://www.eugdpr.org/
      Connects to twitter, facebook, google.

      But of course your right none of these companies actually "sell" your data. They just exploit it directly to enrich themselves.

      This was also the intended reason for the law. It is as if Europe is saying "You are not allowed to take our data"

      Yea right. Let me know when that actually happens in Europe.

    19. Re:Good by Anonymous Coward · · Score: 0

      The way I see it as a European, it will mean that they where selling my data anyway, so that means they won't do that anymore.

      Well, you may be OK with such an assumption and that's certainly within your right. But that isn't at all always going to be the case.

      As a small five person startup in the US that's only four months old, we sell a custom designed 3D extruder head that can detect both the material flow stopping as well as the material pressure on the intake. Determining the difference lets the printer know if the blockage is going to remain blocked or if there will be leakage after the print process has halted. This allows it to determine if the print process can pick up where it left off or if it needs restarted from scratch.

      In any case, we had hoped to sell our product in more than just the US market in another few months, but there are some loud concerns over our legal risk using email addresses as a "username" to our hosted shopping cart store.

      We don't sell or even share that information to anyone beyond the company we pay to run the store front website and our merchant payment processor, both of which use that to send receipts and shipping status updates, and stores it for us as a unique identifier for each customer account.

      We're pretty certain that alone puts us under the GDPR requirements.

      Myself and the other co-founders, also engineers for the company, are working for significantly reduced pay for the time being. We also have one accountant, one sales person, and one business manager on staff. That's all we can afford at the moment.

      We simply can't afford to hire another employee right now as we would be legally required to do.

      The additional fear is: what will we do if we are even so much as accused in an EU court?
      We can't just fly someone over on a moments notice, and paying for legal representation from the EU might be enough in itself to seriously harm our ability to pay on our business loan.

      If we can't throw $50k out the window to defend our operations, you can probably imagine the fear that a $24mill default judgement sounds.

      I realize at this point it probably sounds like I'm asking you to care about our company as much as we do, and yes I am aware that isn't your job what so ever. But honestly that is only because we care about it that much.

      At this point both the EU and China look to be completely out of the question for what was hoped to be a world-wide launch early next year. That is an awfully large percentage of the world we have to be excluded from.

      What feels even worse to me, our accountant has brought up that since we hold two patents on our product, we willingly ignore the EU market and just wait for someone else to duplicate our sensor setup and litigate. Then use a part of the income from that licensing so retain legal counsel in the EU as a matter of enforcing those patents.

      If you already won't believe that we don't share email addresses with other companies, you'll also likely not believe we aren't and don't want to be patent trolls, or even focus on the legal route what so ever.
      I'm an engineer through and through since I was quite young, and building things to solve problems is what I find fun and enjoyable in life.

      We've always had concerns with the risks involved in starting a business, and of course knew frivolous litigation would be a risk in the cards.
      But I never dreamed an entire group of countries would on one hand demand we provide purchase confirmations and receipts by email, while at the same time on the other hand demand we can't have or store your email address to send them to!

    20. Re:Good by Anonymous Coward · · Score: 0

      More like "If you're going to make it unprofitable for us to offer our service to your people, we'll take our business elsewhere."

    21. Re:Good by Holi · · Score: 1

      How many EU citizens will now freely give their data by accessing the sites they want through a vpn?

      --
      Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
    22. Re:Good by Anonymous Coward · · Score: 0

      The shortsighted businesses who take this approach will be replaced by more competent ones. The real disaster will hit when the rest of the world finds out that there are responsible alternatives to their "cloud" and "social" platforms and all switch to the "euro-complaint" ones.

    23. Re:Good by Anonymous Coward · · Score: 0

      Google has already blocked my IP from their translation service (for an unrelated reason). If I need to translate something Yandex is my translation solution. For most purposes Yandex translation is sufficient for my needs.

    24. Re:Good by Anonymous Coward · · Score: 0

      The problem is with all these "good" regulations: they increase the barrier of entry and cost of doing business. In the end, we the consumers have to pay the price. Either in the form of higher prices or fewer options.

      Next time you complain about stuff being so much more expenise in Europe than in the US for example, think about the countless regulations whose compliance has to be paid for, by you.

    25. Re:Good by Anonymous Coward · · Score: 0

      *giggety* expensive

    26. Re:Good by suutar · · Score: 1

      ganjadude seems to be assuming a bit more than "might". If you disagree, I would be interested in details of how you're parsing his sentence.

    27. Re:Good by BronsCon · · Score: 1

      Seems to me he was just questioning how useful the internet would be if that were to happen, kind of like asking how useful your phone is with a dead battery when considering whether you should buy a power bank for it. It's not that you're sure your battery will run low someday, more of a preparation just in case.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    28. Re:Good by Anonymous Coward · · Score: 0

      >Implying google is good
      Have you been in a coma for the last 5 years, or are you just a retard?
      Google results are garbage. Worse than duckduckgo and even BING.

    29. Re:Good by suutar · · Score: 1

      Ah. I tend to see that with an "if" instead of a "when", but I see your point. Thanks for the clarification.

    30. Re:Good by ooloorie · · Score: 1

      It is as if Europe is saying "You are not allowed to take our data" and these websites are saying "Well, if that is the case, as punishment, we are not going to take your data."

      It's not "punishment", it's a simple cost/benefit analysis.

    31. Re:Good by Anonymous Coward · · Score: 0

      Internet routes around!

    32. Re:Good by Anonymous Coward · · Score: 0

      Skies are not falling.

      We simply can't afford to hire another employee right now as we would be legally required to do.

      You would not be though:

      DPOs mustbe appointed in the case of: (a) public authorities, (b) organizations that engage in large scale systematic monitoring, or (c) organizations that engage in large scale processing of sensitive personal data. If your organization doesn’t fall into one of these categories, then you do not need to appoint a DPO.

      If we can't throw $50k out the window to defend our operations, you can probably imagine the fear that a $24mill default judgement sounds.

      It is not default though:

      This is the maximum fine that can be imposed for the most serious infringements e.g.not having sufficient customer consent to process data or violating the core of Privacy by Design concepts.

      This level of irrational fear is not healthy.

    33. Re:Good by Cederic · · Score: 1

      Shrug. Read up on GDPR and understand how to easily achieve compliance for marginal cost if you want EU revenues.

      You're an engineer running a business. Find someone that knows how to run a business, if you're panicking over something as trivial as GDPR you're fucked anyway.

    34. Re:Good by Cederic · · Score: 1

      Very few. Sites that I provide personally identifiable information beyond an email address to are few and far between, and ones outside the EU even more rare.

      Ones I provide an email address to aren't that common.

    35. Re:Good by ganjadude · · Score: 1

      no, not really. just saying it might happen.

      --
      have you seen my sig? there are many others like it but none that are the same
    36. Re:Good by ganjadude · · Score: 1

      thank you, that was the intent of the post

      --
      have you seen my sig? there are many others like it but none that are the same
    37. Re:Good by houghi · · Score: 1

      The thing is, the law does not forbid the Europeans to hand over their data. It talks about people who receive the data and what they do with it.

      --
      Don't fight for your country, if your country does not fight for you.
    38. Re:Good by eastern · · Score: 1

      Not necessarily true.

      I'm managing a site with 800,000 worldwide users, of which ~12,000 are in Europe. Never captured, let alone sold, any personal data but GDPR compliance cost obviously not worth it. So bye bye Europe.

    39. Re:Good by Anonymous Coward · · Score: 0

      I already block all Non US CIDR addresses for 90% of my clients. They're so much happier that way. Almost all illegitimate traffic comes from outside USA networks, including Europe.

    40. Re:Good by ooloorie · · Score: 1

      And there you identified the real reason for the GDPR: protectionism. It's what the EU is all about.

  9. Re:EU needs to be careful... by religionofpeas · · Score: 5, Insightful

    As a EU resident, I don't mind if companies are choosing to block EU if they can't comply with privacy rules. I'd rather not do business with those companies.

  10. Re:EU needs to be careful... by lucasnate1 · · Score: 2

    I actually want this to happen. Forks are good at times and allow for improvements. Maybe the european internet can create something better than the american one.

  11. Nothing Wrong- It's for all the right reasons by PhYrE2k2 · · Score: 2

    This is for all the right reasons and there is nothing wrong with it.

    Many businesses don't target foreign visitors, but get them anyway. Websites target local content (small businesses, retail locations, etc) that really gain no monetary benefit in showing their products to EU customers. Why deal with any compliance?

    Keeping up with the laws of hundreds of foreign countries (and the states/provinces within them) is a full-time job. It's also very technical. A business in Canada or USA or any other country can either study EU legislation and adjust their web site for no real benefit (avoiding the risk of hefty fines) or just block the EU and move on with life.

    Until countries unify their data protection and online laws for the greater good of society as a whole, this is the new state of the Internet. Focus on your own markets which makes you money, block everyone else. Saves risking non-compliance with foreign laws.

    --

    when you see the word 'Linux', drink!
    1. Re:Nothing Wrong- It's for all the right reasons by Gavagai80 · · Score: 1

      The EU can't fine you unless you actually do business in the EU. Websites that aren't targeting Europe have no need for geofencing.

      --
      This space intentionally left blank
    2. Re:Nothing Wrong- It's for all the right reasons by Opportunist · · Score: 1

      When you don't deliver to the EU, there is no sensible reason for anyone but a shyster to register with your webpage and then try to abuse this. And that's easily thwarted by only accepting addresses in the US, because he'll have a hard time explaining how you're required to protect his private information when he himself made sure all the private information you have about him is false.

      Judges in the EU in general aren't dumb enough to let shit like this fly.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    3. Re:Nothing Wrong- It's for all the right reasons by Anonymous Coward · · Score: 0

      This is blatantly false. The regulation writes it in clear language that having a EU Residents data means that you now must comply. The one thing left to be decided is what type of lawsuits to expect and who the DPAs target.

    4. Re:Nothing Wrong- It's for all the right reasons by Anonymous Coward · · Score: 0

      What constitutes business in the EU? The problem is that advertising on the internet can result in countries, states, and judges deciding that because someone in region X saw advertisement Y from you that it therefore "constitutes business in the EU". If I operate a website that sells beanie babies and someone from Europe orders from me do I have to comply? I'm not in the EU, I don't have an EU specific website, I don't have an EU bank account, I don't have an EU phone #, I don't explicitly target people in the EU. What puts me in the EU? Nothing. Someone who buys from me from overseas is *IMPORTING* but that may not be adequate. States frequently make up arbitrary nonsensical means of turning things in there favor to extract the most amount of money from you even when its entirely unreasonable. Individuals and small businesses which make up the majority of companies do not have the resources to comply. Period. My plan of action is to continue to ignore the EU as I've always done. We also don't warn users of cookies or anything else. It's not that we're out to invade people's privacy. We're focused on protecting peoples privacy in fact. Laws just don't resolve these sorts of issues. Someone needs to wake Europe up and explain to them that there are always going to be companies and individuals who operate overseas that ignore there laws because they are not within Europe's jurisdiction. If you don't want a company to track you or collect your information don't use that companies website. It's that simple. You have no right to demand of another using violence anything. You can ask- and if the other party agrees then great. You win. If not you have a choice to not do business with that company/person/etc.

  12. Re:EU needs to be careful... by fazig · · Score: 1

    Europe has to offer plenty of customers or plenty of juicy data if you will. With about 511 million citizens of which probably 2/3 are relevant to the market there's a lot of money to be made.
    Now companies will have to decide whether it'll cost them more to lose the EU market or comply to their regulations.

    As someone living in the EU I'm curious how the outcome will look like. I expect most of the big businesses to comply but possibly a lot of smaller ones resorting to geoblocking. At any rate there's still VPNs and TOR available.

  13. So it works as intended? by madsh · · Score: 0

    To regulate the rights citizens to a form of privacy within a market... Your business is welcome in our market â" if you provide a bit of privacy....

  14. Let me correct some details on the GDPR by Qbertino · · Score: 5, Informative

    Disclaimer: I've worked myself into GDPR details to shape my employer up for it.

    GP is a little off on some details.

    You have to *name* a Data Protectoin Officer. This can be anybody empowered to check compliance. Usually this is done by some administrative or IT specialist. Germany has had this for decades. No need for an extra hire.

    You don't have to spend thousands or millions. You just need to have a proper setup and due diligence in place. The new thing is that you need to document procedures in a standardized manner. The big difference between the law that come in on 25.4.2018 is that someone could only sue you if he was damaged and only if he could prove a data breach of critical personal data. The fines up to this point also were laughable.

    Now anyone involved, including customers, can ask how data is handled and the authorities and others have the right to review documentation of your SOPs for data protection. Also you're in for big trouble with massive fines (up to 4% of global anual revenue) if you're careless with data and aren't willing to comply with the GDPR.

    In short: If you have your IT in order GDPR compliance isn't that much of a big deal.
    Documentation is, but compliance is not.

    If however your IT is shit, then you're in for trouble if they come for you. Big time.
    Since they *will* eventually come for you *and* most companies (online *and* brick and mortar) IT setups are somewhere between disorganized shite and abysmal, companies would rather opt out than go through the hassle of complying. Which means only companies with proper procedures and due diligence in their IT will remain doing business in the EU. ... Can't really complain about that actually.

    Thus endeth some real-world details on GDPR.
    You're welcome.

    --
    We suffer more in our imagination than in reality. - Seneca
    1. Re:Let me correct some details on the GDPR by HornWumpus · · Score: 1, Insightful

      What would you say to an American cop that wanted to search your EU located servers based on American laws?

      That's the same answer the EUcrats will get.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    2. Re:Let me correct some details on the GDPR by Ralph+Yarro · · Score: 1

      What would you say to an American cop that wanted to search your EU located servers based on American laws?

      "I can't let you do that as it would breach data protection requirements."

      That's the same answer the EUcrats will get.

      Really? The US must be more advanced than I thought. I would have expected something more like "how much will you pay for it?"

      --

      The real Ralph Yarro posts as Anonymous Coward. Anyone else is an impostor.
    3. Re:Let me correct some details on the GDPR by HornWumpus · · Score: 0

      More like 'Go fuck yourself eurotrash'.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    4. Re:Let me correct some details on the GDPR by Anonymous Coward · · Score: 0

      says the trash even the Euro trash didnt want. good job your ancestors would let anybody in without building a wall else you'd still be living on a boat.

    5. Re:Let me correct some details on the GDPR by Anonymous Coward · · Score: 0

      Which means only companies with proper procedures and due diligence in their IT will remain doing business in the EU.ing business in the EU

      Add to that companies that cannot afford yet another huge barrier-of-entry regulation. It's yet another nail in the coffin for EU startups who cannot compete with their US rivals.

      And then there are companies who expect less profit from EU customers than the horrendous fines. Effective compliance will have to be settled in court and nobody wants to be the first to run afoul of a foreign legal system looking for a payday if they stand to lose money.

    6. Re:Let me correct some details on the GDPR by Anonymous Coward · · Score: 0

      I didn't think you trolled but this... are you just knee jerk reacting? Know absolutely nothing about GDPR but commenting anyway?

      Your statement appears intended to claim that "EUcrats" will be able to search US servers based on EU laws. But I have no freaking clue where you get the notion that "searching servers" has anything to do with it.

      At its core the GDPR is really simple: you must disclose to users what data is being collected and how it will be used, and this information must be specifically applicable. In other words you cannot have one global privacy policy that says "we take your personal data, process it, and share it with our business partners" (which is the gist of most privacy policies).

      This is the probably the most onerous aspect of the GDPR. For small mom & pop businesses the answers will be self evident and notice to users will be easily supplied. The difficulty comes with large, sprawling business that are used to collecting and sharing data in an ad hoc fashion. You can't just say, "we collect your address in order to ship products to you, and whatever else we think is relevant to physical addresses", you actually have to identify how data is collected, stored, transmitted and utilized throughout the organization. And for some, this is going to be incredibly difficult to do. Not because it is inherently difficult, but because they have always played free and loose with the data so they simply don't know and it will take some time to do.

      Speaking of time: some people make it sound like this just dropped. Very much not true, but few places took it seriously until now. Where I work we've talked about it on-and-off for the last six months or so. But no one has been willing to bite the bullet and explain to senior management that we have to go over business processes to identify what is collected, for what purpose and how it is used. So nothing happened. No planning whatsoever.

      The second most onerous aspect is often called "the right to be forgotten" and this presents some difficulties to be sure, but is far from insurmountable.

      The third aspect is frequently overstated -- the right to ask about your personal data. There is a built in minimum delay you can force on requests and you can even ignore them under certain circumstances. It is also possible to do some cost recovery (though it is structured in a way to try and prevent cost from being used as a de facto means of not complying).

      The closest thing to "search servers" is the right to ask about *your* personal data. Not someone else's. And there are significant limitations. And, if you know what data you are collecting and where you are storing it, this really is hardly an issue at all. Its the places that have no fucking clue what their business is doing that will suffer. And they should: they will also have no idea if there is a data breach, or how extensive it is, etc.

    7. Re:Let me correct some details on the GDPR by ooloorie · · Score: 1

      Really? The US must be more advanced than I thought.

      Yes, that is typical of Europeans and their ignorance and arrogance.

    8. Re:Let me correct some details on the GDPR by Anonymous Coward · · Score: 0

      Christ- most small companies don't have "IT". They aren't even in a position to comply. I've got a computer company and we're not in a position to comply and we have competent people on hand. We don't have the time and resources to have a lawyer review the document and tell us what we're suppose to do. And I don't have the time to read through the document either. If I tried to comply with every law we'd never survive. I have 1 employee other than myself. Everything else is outsourced. We do half a million in sales a year. That's it. That isn't profit. That is sales. It can sustain one full time competent college educated employee at a decent pay ($65,000 USD / yr) and one full time employee at shitty pay (close to twice minimum wage in the US).

    9. Re: Let me correct some details on the GDPR by misnohmer · · Score: 1

      1. You say that a business doesn't have to pay thousands. Ok, so for less than $2,000 a contractor familiar with GDPR will come and ensure that a business is compliant, without any significant impact on existing staff (as that would be considered cost). Will you do that for less than thousands?

      2. You say you don't have to hire (which implies pay) a Data Protection Officer but only name one. Do you agree to be the officer for any businesses who want to name you, without any compensation?

      Bottom line is that it will cost thousands or more for businesses to comply, even if people like you will split hairs on documentation vs. compliance - if something is required for compliance it counts towards the cost of compliance. If a business does have a clue about GDPR and has no significant revenue from Europeans (free users only), it really is cheaper to just block them.

    10. Re:Let me correct some details on the GDPR by Anonymous Coward · · Score: 0

      you haven't read what a DPO is and how they are protected.

      they must be an expert in both the legal and technical aspects of privacy.

      they must be funded enough to be 'effective'

      they must report directly to the highest level of management

      they are protected from being fired or disciplined for any actions they do or don't take

      This is not some 'low-level IT' guy position

    11. Re:Let me correct some details on the GDPR by Cederic · · Score: 1

      DPOs aren't exactly new. They've been around for decades. GDPR merely mandates that for organisations undertaking specific activities or above a certain size, the role exists.

      It's not onerous. It's nothing more than any sensible company would have as a matter of course anyway.

    12. Re:Let me correct some details on the GDPR by Anonymous Coward · · Score: 0

      Interesting example. Apparently US supreme court thinks that should be perfectly fine. https://www.scientificamerican.com/article/supreme-court-skeptical-of-microsofts-ireland-e-mail-privacy-claims/

      So, I guess EU courts should expect US to be find being on the receiving end too?

    13. Re:Let me correct some details on the GDPR by tepples · · Score: 1

      You have to *name* a Data Protectoin Officer. This can be anybody empowered to check compliance. Usually this is done by some administrative or IT specialist. Germany has had this for decades. No need for an extra hire.

      Firms outside the Union have a second requirement in addition to the requirement to name a data protection officer, namely that of hiring a representative within the Union pursuant to article 27. How are mom-and-pop online businesses expected to afford that?

  15. Re:EU needs to be careful... by dave420 · · Score: 1

    Seeing as neither of those things are true, want to try again?

  16. Why would an American site need to block GDPR? by Anonymous Coward · · Score: 0

    I would think that EU would not be able to force compliance or extract fines fron a US based company with no physical EU presence? Is this incorrect?

    1. Re: Why would an American site need to block GDPR? by reanjr · · Score: 2

      Not necessarily. Treaties and a general good relationship with the EU means they could have US courts enforce judgment. Currently, the US is not under treaty to enforce the GDPR, but that could easily change.

    2. Re:Why would an American site need to block GDPR? by Opportunist · · Score: 1

      It could get tricky, but in theory it's possible. In the end, unless you're storing private sensitive data about EU citizens in your database, why would you care?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    3. Re: Why would an American site need to block GDPR? by Phillip2 · · Score: 1

      Very unlikely that this would happen retrospectively. Also, very unlikely that the US with weak personal privacy data protections would agree to this. Especially given that data protection of this form has been around for years and years; in fact, the only place it applies in the US is when a US company is contracted to deal with data about EU citizens. This was set up to allow US companies to tender on contracts they would otherwise not be allowed to take.

      Of course, not all US companies do this; they can choose to ignore the regulation but must then ignore the market. So, what you are seeing here is nothing new.

  17. No Harm No Foul by DatbeDank · · Score: 1

    Don't want to deal with a country's rules? Don't let their citizens use their service or open an office there.

    Should be everyone's right. Yeah privacy gets a hit but free market, someone else will fill the void and the world keeps on going.

    1. Re:No Harm No Foul by Anonymous Coward · · Score: 0

      Not my responsibility to babysit them. If they want a nanny-state, they can have it. But don't expect me to enforce it.

  18. Wrong reasons? by Sloppy · · Score: 2

    While trusting users to load and execute Javascript is hopelessly naive (any company relying on this to avoid huge fines, is about to pay some huge fines) how is wanting to avoid huge fines the "wrong reasons?"

    This is shockingly stupid implementation, not stupid motivation.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    1. Re:Wrong reasons? by cascadingstylesheet · · Score: 1

      While trusting users to load and execute Javascript is hopelessly naive (any company relying on this to avoid huge fines, is about to pay some huge fines) how is wanting to avoid huge fines the "wrong reasons?"

      This is shockingly stupid implementation, not stupid motivation.

      Personally, I'd do it server side, sure .. but it raises the question: since IP geolocation is inherently fuzzy, how good is good enough?

      Something less than perfect is going to have to suffice as due diligence. The WWW is in fact world wide, and the world is full of different regulatory environments. It isn't reasonable for every website to have to ask every visitor where they are from (even if you could trust the answer).

      Some EU people already use VPNs for various reasons to appear as though they come from the US. What about them?

    2. Re:Wrong reasons? by sinij · · Score: 2

      While trusting users to load and execute Javascript is hopelessly naive

      I don't think this meant to be a working technical solution, rather a legal solution. That is, it isn't conceptually different from "Warning, explicit content. Are you are least 18 years of age?". As a web master you are not actually interested in blocking anyone from accessing your site, so it is only minimum sufficient effort to satisfy legal requirements.

    3. Re:Wrong reasons? by Anonymous Coward · · Score: 0

      except that a non-zero fraction of users will not be actively ignoring your "solution" because they simply keep most javascript disabled. If a notice is never shown does it have any legal weight?

      The answer is somewhat complicated and very context dependent. E.g., you can get opposite opinions regarding anti-hacking login banners.

  19. Brilliant idea by gurps_npc · · Score: 4, Insightful

    If you don't want to have to deal with the laws of a certain country, should have the right to not do business inside that country.

    Of course, that leaves a big underserved market. In less than 4 years someone will come along and serve them, while abiding by the laws they hate.

    Which could very well lead to those companies losing world wide market share as those new, privacy conscience companies expand out of their underserved market into the general world wide marketplace.

    As for the laws they are trying to avoid? We need them in our country.

    --
    excitingthingstodo.blogspot.com
    1. Re:Brilliant idea by Anonymous Coward · · Score: 0

      You do understand you are ensuring only large companies survive and reducing competition. Christ. People are stupid. There are vastly more small companies than large companies of the sort these laws are targeting. The cost of compliance on a large company is small. The cost of compliance with a small company if one were to try and comply would put one out of business. By small I don't mean under 500 employees. I mean 1-2 employees. There are a lot of small companies in the world and many of us do business world-wide. You are literally claiming the right to put us under because we can't comply with laws that largely really only should impact big business. Us small players don't do the kind of privacy invading shit that larger players do. We don't have facebook links and other crap on our web sites. We're small. We have little more than a stock install of drupal and ubercart or even smaller than this. We are not going to be able to comply with these bull shit rules. The way the laws are being written we are liable though and that opens up the opportunity for regulators to abuse us in spite of the fact that we're not even doing anything malicious with the data which is essential to collect to operate a business on the internet.

    2. Re:Brilliant idea by Cederic · · Score: 1

      If you're that fucking small, just don't do business in the EU.
      Also don't complain when an EU based business outcompetes you outside of the EU.

      They're the same fucking size as you and they're complying. You don't think 2 man gambling startups get to target American customers do you?

    3. Re:Brilliant idea by Anonymous Coward · · Score: 0

      but their not doing business in that country, the people of that country are crossing the border to do business here, and then taking their products home

  20. EU showing their true colors by Anonymous Coward · · Score: 0

    GDPR is one of the dumbest things I've ever seen

    1. Re:EU showing their true colors by Opportunist · · Score: 1

      Very obviously you haven't even looked at it.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:EU showing their true colors by Anonymous Coward · · Score: 0

      The EU is a giant sack of shit, but a bunch of countries collaborating to produce a data protection legislation is a great idea - and it's generally good legislation.

      My argument with the EU, and why Brexit is a good idea, is that you don't need to pay £350 million a week, have a European Commission and a European Parliament and hand over democratic control of your legislation, taxes, borders just to work together with other countries on a few things.

    3. Re:EU showing their true colors by Anonymous Coward · · Score: 0

      What? You have never looked into a mirror?

    4. Re:EU showing their true colors by K.+S.+Kyosuke · · Score: 1

      GDPR is one of the dumbest things I've ever seen

      That's sad to hear, Mark.

      --
      Ezekiel 23:20
    5. Re: EU showing their true colors by Anonymous Coward · · Score: 0

      Ya and you probably were lied to about the NHS and a lot of other stuff, but don't care because you like to be right. Good riddance!

  21. Re:EU needs to be careful... by Anonymous Coward · · Score: 0

    They're both true. Read the papers.

  22. That's as it should be. If the regulatory costs of serving a region exceed the benefits to the company, then they don't serve that region.

    If visitor lie about where they are from because they are just dying to use that juicy non-EU website, then fine, they don't get the regulatory protection. The company did due diligence to keep them out.

    Seems reasonable.

  23. Re:EU needs to be careful... by Immerman · · Score: 3, Insightful

    If the short-bus version actually respects people's privacy instead of spying on visitors, then maybe we need more short buses.

    --
    --- Most topics have many sides worth arguing, allow me to take one opposite you.
  24. Build yer own dam platform by Anonymous Coward · · Score: 0

    PRIVATE companies can exclude Eurofags if they want

    1. Re:Build yer own dam platform by Opportunist · · Score: 1

      With blackjack and hookers?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  25. Question by Oligonicella · · Score: 1

    Documentation is, but compliance is not.

    What are the parameters for determining if you must supply them with documentation and how are they triggered?

  26. Europe is getting too uppity again by Anonymous Coward · · Score: 0

    Maybe it's time to remind them that they've screwed up things too many times already. Another VW-style "friendly warning" should do the trick.

  27. good by Falos · · Score: 1

    Good.

    When countries have congressmen/equivalent that pretend they can control the internet as part of their endless life of posturing, the correct answer is to move them off the adult table and block them.

    Repeat until they decide they want to sit at the grown-up's table again, instead of playing Imaginary Level Of Reach And Obligations.

  28. Re:EU needs to be careful... by Anonymous Coward · · Score: 1

    one or two (or even a dozen) events does not a systemic situation make

  29. Re:EU needs to be careful... by HornWumpus · · Score: 1

    The little ones will ignore the EU, just as they ignore laws from Thailand and Saudi.

    We'll see if the EU 'great firewalls' them in mass.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  30. Re: EU needs to be careful... by Anonymous Coward · · Score: 0

    Haha sure thing, my dirt poor, lonely and frustrated American friend.

  31. **note - they don't have to be sitting in the EU by btroy · · Score: 4, Informative

    People you do business with don't have to be sitting in the EU when they visit your site for you to be liable.

    A EU citizen sitting in Starbucks in the US is equally as protected as if they were sitting in France.

    Also, if you stored the shipping label to let's say...send them a package to their vacation home in Iowa, you're still liable ... as long as they are EU citizens.

    If all you do is Geo-fence, you're already not going to make it.

  32. Re:EU needs to be careful... by fazig · · Score: 1

    Depends on how important the EU market is for them. But yeah, I expect that a lot of small companies that operate outside of the EU don't have a lot of EU customers to begin with. So their decision will be to either ignore it completely or if they give a shit block the EU from their side.

    Actively locking them out of EU countries is the last resort of the EU if they do not comply in any way. Although that will probably have to happen on national basis, where every country may act in a different way.
    But if that happens I'm already looking forward to the inner political backlash and shitstorms caused by infuriated EU citizens.

  33. Nightmare? by Anonymous Coward · · Score: 0

    "The new regulation brings a wealth of protections to user privacy but is a nightmare for companies doing business in Europe."

    Only a nightmare to those companies siphoning off data without consent. No sympathy for those scumbags.

    1. Re:Nightmare? by Anonymous Coward · · Score: 0

      No sympathy for those scumbags.

      Likewise; no sympathy for EU citizens that get cut off from foreign services. You can sit at the kiddie table until you learn you can't control the Internet from Brussels.

  34. Re:EU needs to be careful... by Freischutz · · Score: 1

    As a EU resident, I don't mind if companies are choosing to block EU if they can't comply with privacy rules. I'd rather not do business with those companies.

    Yeah, providing a GDPR Shield service is a bit like providing a shielding service that protects your business from customers in countries where there are regulations forbidding the sale of E. Coli infected food. The customer list would be a veritable consumer’s guide to where not to shop.

  35. Waaaa Americans getting a taste of geofencing. by Anonymous Coward · · Score: 0

    The rest of the world has been seeing this kind of stuff for a long time - geofenced US applications "sorry not available in your backwater country."

  36. Re:**note - they don't have to be sitting in the E by Brett+Buck · · Score: 2, Interesting

    They aren't protected AT ALL. Unless you want to try to invade the US to enforce your rules, you can call all the cops you want, file some diplomatic grievances, quote some EU law, and they will laugh at you.

          EU people are always on about the US trying to police the world. Well, this is the EU trying to enforce their laws globally. We tell the Chinese to piss off and they have *real* power. The EU is a bunch of backwater corrupotocrats trying to replicate the USSR who have no power whatsoever, and depend on us for both endless streams of money and for subsidizing their defense (in some cases because we don't trust them to have any power themselves, Germany being a repeat offender). You have NO control and the people that are currently paying their fines are doing it semi-voluntarily - it's extortion and designed to be.

      If push comes to shove, US companies will tell you to piss off and there's not one damn thing you can do about it.

  37. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  38. Re:EU needs to be careful... by TheZeitgeist · · Score: 1

    I actually want this to happen. Forks are good at times and allow for improvements. Maybe the european internet can create something better than the american one.

    Therein lies the problem for Europe though. What/who is going to make 'their' internet? They piggyback off Americans for pretty much all their IT. Search engines, streaming services, mobile platforms, OS'es, online retailers, and so forth.

  39. Re:**note - they don't have to be sitting in the E by Brett+Buck · · Score: 1

    As an example. We have a specific enumeratured right in the constitution permitting us to bear arms. So I am sitting in a coffee shop in, say, Berlin, with my Navy Colt in a holster on my hip. Do you think my rights are protected?

  40. Really Rather Pointless... by JenovaSynthesis · · Score: 1

    Because since corporations write our trade agreements and GDPR is not in their best interest in terms of profit, they'll just simply write an exemption into the next one. Or they'll go to the WTO and have it struck down that way.

    --
    Anonymous Cowards generally receive no replies because you're a coward and I'm a bitch :)
    1. Re:Really Rather Pointless... by mileshigh · · Score: 1

      Big corporations will deal with the law and end up liking it because it keeps out the riffraff. They can easily afford the consultants, lawyers, etc. Smaller would-be players, not so much.

      This has been the way of Europe for a long time: a long list of (originally) well-intentioned, "reasonable" laws, regulations, taxes, requirements, etc. (not to mention bribes, shakedowns) that conspire by their sheer mass to raise the barrier to starting and operating a small business.

  41. Re:EU needs to be careful... by Anonymous Coward · · Score: 0

    I haven't read even highlights of the new law other than what I have seen in these comments. We have a website that allows for people to register a bonus card for a bonus card program we market. This is sold in a small geographic area of NA. It would theoretically be possible for someone to register a card without having a physical card (guessing inside the ISO range). So what happens if some EU citizen registered on our site? Would we fall under the new law? I will be adding language to terms and conditions stating that the service is not intended for use in EU, etc..

    So yeah, there are some small 'Mom & Pop' organizations out there that don't market globally and don't have the resources to comply with this law.

    Don't get me wrong, I think the law is a great idea and if were were a EU company would have designed for this.

  42. Re:EU needs to be careful... by Anonymous Coward · · Score: 0

    > nothing that really matters internet-wise comes from Europe

    Whilst it's true that most of the popular websites are hosted in the US, nearly as much of their content is generated in the EU as the USA. And bear in mind that we aren't talking about a "net split" here; we're talking about US firms choosing to shut out EU visitors; it wouldn't go both ways.

    If Facebook were to decide not to operate in the EU, for instance, then it'd be about ten minutes before someone launched "EUbook". Everyone in Europe would have to move to such a platform, and network effects are thus that people would conglomerate onto one platform/ecosystem. Anyone in the US who wanted to connect with anyone in Europe would have to create an EUbook account, and anyone who cared about privacy (that 0.1% of us that do...) would be pushing all our friends to move to EUbook. FB would be dead in the water. Which is precisely why they have taken the far more pragmatic and cynical path of allowing EU citizens privacy whilst denying it to others on the same platform. Sure, it hurts their data-harvesting and bottom line, but the alternative is oblivion.

    Also, frankly, I think Europe should still get a little credit for our one significant contribution to the modern internet: the web. Yes, it was a while ago now, but if TBL had decided to license the shit out of it and make millions instead of giving it to humanity for free, there would never have been an open web for US companies to parasitise their way into.

  43. What if EU was completely blocked? by Anonymous Coward · · Score: 0

    To avoid the annoyance/inconvenience of dealing with this ruling, more and more non-EU web sites may choose to block EU traffic instead of adhering to the rule. How long will it take before Europeans notice they're basically locked out from the rest of the world because of this?

    1. Re:What if EU was completely blocked? by Anonymous Coward · · Score: 0

      To avoid the annoyance/inconvenience of dealing with this ruling, more and more non-EU web sites may choose to block EU traffic instead of adhering to the rule. How long will it take before Europeans notice they're basically locked out from the rest of the world because of this?

      RIGHT!

      Let's knock it all down, fill in the potholes, pave it over, and put up a parking lot!

    2. Re:What if EU was completely blocked? by Anonymous Coward · · Score: 0

      non-sequitur detected.

  44. Not completely effective by MrDiablerie · · Score: 2

    While you can block based on IP, this doesn't address EU citizens living abroad in non-EU countries like the US. GDPR applies to all EU citizens regardless of location.

    1. Re:Not completely effective by mileshigh · · Score: 1

      Nope. GDPR is based on location, not citizenship. https://cybercounsel.co.uk/data-subjects/

  45. Good idea by Anonymous Coward · · Score: 0

    I hope the EU becomes an internet dessert, it will serve the autocrats right.

  46. What bullshit! by Anonymous Coward · · Score: 0

    The companies should work on circumvention instead of compliance with the tyrants.This is a social problem that only technology can overcome. We must make the internet indelible and fully accessible to everybody, first by obsoleting the ISP. And let's rub the tyrants' nose in new freedoms they can't take away.

  47. Re:**note - they don't have to be sitting in the E by bsolar · · Score: 2

    The point is that geo-fencing is a misguided attempt to avoid liability since a user can be outside the EU and still be protected by the law.

    You argue that the law might be unenforceable for companies not having a legal presence in the EU, but assuming this to be correct, it makes the geo-fencing even more useless: why geo-fencing away users when by your assumption you can ignore EU liabilities anyway?

  48. Re:**note - they don't have to be sitting in the E by Anubis+IV · · Score: 1

    A EU citizen sitting in Starbucks in the US is equally as protected as if they were sitting in France.

    No they're not. The text of the GDPR doesn't mention "citizens" even once, but it does specify the cases where it applies:

    Article 3(1): This Regulation applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union, regardless of whether the processing takes place in the Union or not.

    I.e. All European companies must comply.

    Article 3(2): This regulation applies to the processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union, where the processing activities are related to:

    a. The offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the Union; or

    b. The monitoring of their behavior as far as their behavior takes place within the Union.

    I.e. Any foreign company selling to or monitoring someone physically located in the EU—regardless of their citizenship—must comply.

    Article 3(3): This Regulation applies to the processing of personal data by a controller not established in the Union, but in a place where Member State law applies by virtue of public international law.

    I.e. Any foreign company who is otherwise required to comply by international law must comply.

    And that's it. That's the exhaustive list. There are no other cases where it applies.

    Notably absent from that list is anything even remotely resembling your claims. In fact, EU citizens traveling abroad are, generally speaking, NOT protected by the GDPR so long as they are abroad. And really, that's how it should be since it'd be wholly unenforceable in a jurisdiction outside of EU control. Jurisdictionally, it'd be no different than the US' recent, wrongful attempt to enforce its will outside its jurisdiction when it demanded that Microsoft hand over data contained in its European data centers.

    So, contrary to your claim, if all a foreign company does is geofence their service, then yes, they should be just fine.

  49. Re:EU needs to be careful... by ganjadude · · Score: 1

    seems pretty true, at least by germany's (the defacto leader of europes) own statements.

    but mod it down because i hurt your feelz

    --
    have you seen my sig? there are many others like it but none that are the same
  50. sensationalist article by Anonymous Coward · · Score: 0

    > If you aren't targeting EU users, simply use GDPR Shield to block all traffic from the EU
    So, companies that don't want EU customers are blocking EU customers.
    Nothing to see here.
    > unintended consequence of shutting out millions of EU users off of thousands or more websites owned by companies that are not in the mood of spending thousands of dollars to become GDPR compliant
    I think you main companies that don't want to stop selling your private info.

  51. Re:EU needs to be careful... by Anonymous Coward · · Score: 0

    It means Europe matters less on the world stage. Already, China, Russia, and Asian countries are beginning to be the place to do business. Europe is becoming a place that businesses flee from, because the regulations are so constricting that it takes too much money to comply.

    Feel free to isolate and run the world off. Even North Korea learned this is a bad thing.

  52. American (US) people expects US to apply everywher by Anonymous Coward · · Score: 0

    ... but when some other country (ish, EU) is expected to affect the US, seems to be bad.

    Someone explain this to me

  53. Re: EU needs to be careful... by Anonymous Coward · · Score: 0

    That is not true. Ask facebook or microsoft. You might have the headquarters, but we have their servers (and money).

    Plus, linux, the world most used software, originated in Finland.

  54. Re:Won't work by Anonymous Coward · · Score: 0

    You're example isn't even valid. It only covers personal data collected on an individual while they are in the EU at that time it was collected. It's a residency law and it doesn't travel with you abroad. A US citizen visiting for a week in Germany is covered the same as an EU cititzen living in the EU their entire life, but only while they are within the EU territory. Once the US citizen leaves the EU and any data they generate outside the EU it is no longer under the GDPR. If they signed up for something online in the EU then that data is protected. The EU Citizen living the the US or Australia does not get the protections offered by the GDPR as if they were still present in the EU.

  55. This is what you get! by Anonymous Coward · · Score: 0

    Personally, I think this is a great solution. You make onerous laws with costly teeth - you get blocked. Don't cry now because you will lose access to parts of the Internet.

    Captcha: humbled

  56. Re:**note - they don't have to be sitting in the E by Anonymous Coward · · Score: 0

    EU companies can pirate your product and call it even.

  57. Not everybody has bank-sized budgets by mileshigh · · Score: 1

    I manage the CRM of a US financial institution with EU clients and there is guidance

    So, how many $hundreds of thousands did some legal team charge your employer that guidance, not to mention ongoing guidance and review?

    1. Re:Not everybody has bank-sized budgets by ranton · · Score: 1

      I manage the CRM of a US financial institution with EU clients and there is guidance

      So, how many $hundreds of thousands did some legal team charge your employer that guidance, not to mention ongoing guidance and review?

      Quite a few. We also have to pay for janitorial services, internet access, and other costs of doing business.

      The scope of your company's data gathering operations will determine how much effort you need to take in complying with the GDPR. Nearly all small businesses in the US can get away with no effort or perhaps a few thousand in legal fees. The GDPR gives significant leniency for "inadvertent" violations of their policies for companies you wouldn't normally expect to even understand the laws (such as small online stores).

      In short, if you are small enough that a hundred thousand in legal fees is unreasonable, and your business model is not built around the sale and distribution of customer data, you don't have to worry about the GDPR much.

      --
      -- All that is necessary for the triumph of evil is that good men do nothing. -- Edmund Burke
    2. Re:Not everybody has bank-sized budgets by mileshigh · · Score: 1

      Quite a few [hundreds of $thousands]. We also have to pay for janitorial services, internet access, and other costs of doing business.

      That would bankrupt over 95% of the websites on the net. They mop their own floors, pay $20/month for hosting, buy off-brand laser cartridges, don't gaze down at the world from the 22nd floor.

      The GDPR gives significant leniency for "inadvertent" violations of their policies for companies you wouldn't normally expect to even understand the laws (such as small online stores).

      [Citation needed] Sorely needed.

      If you are small enough that a hundred thousand in legal fees is unreasonable, and your business model is not built around the sale and distribution of customer data, you don't have to worry about the GDPR much.

      What specifically does "much" entail? And are you volunteering to pay the $20M Euro fine? Frankly, I'd have to be a very sloppy businessman to skip proper legal advice for such a large liability, if just to to get a proper idea of what "much" means.

  58. Question? by Anonymous Coward · · Score: 0

    Is there a clause in the GDPR that would allow a site to just prompt users in the EU and say something like...

    This website does not adhere to the GDPR.
    By continuing to use this site you acknowledge this.
    [Leave] [Stay & Have Fun]

    1. Re:Question? by Cederic · · Score: 1

      If the site does not process relevant data, then yes, go for it.
      Otherwise, no.

    2. Re:Question? by chapstercni · · Score: 1

      It's EU law, not international law.

      Unless you are actually under EU jurisdiction, no nothing.

      The EU is toothless and just wishing the world would do what it wants.

      Perhaps the 'citizens' there should only choose to deal with those that specifically state they adhere to the GDPR.

      You and I? Continue life as normal.

  59. Re:**note - they don't have to be sitting in the E by Anonymous Coward · · Score: 0

    > Increasingly nervous amerimutt goes on rant about bureaucrats.

    Haha, you wish you had some of that sweet European privacy protection. If a company has a presence in Europe, it won't escape that 4% of yearly revenue.
    Surveillance capitalism is over. Privacy invading mutts, you are FUCKED.

  60. Re: EU needs to be careful... by Anonymous Coward · · Score: 0

    and Tim Berners Lee is from where? and was working in which country? and founded what?

  61. Re:EU needs to be careful... by mileshigh · · Score: 1

    As a EU resident... I'd rather not do business with those companies.

    And you'd rather impose that "choice" on hundreds of millions of your neighbors too, since GDPR can't be waived.

  62. Re:American (US) people expects US to apply everyw by Anonymous Coward · · Score: 0

    ... but when some other country (ish, EU) is expected to affect the US, seems to be bad.

    Someone explain this to me

    It would be pointless to explain it to you. If you not an American you wouldn't understand. :)

  63. Re:EU needs to be careful... by Anonymous Coward · · Score: 0

    Thank you for your business. Your slashdot account would be deleted in 5...4...3...2...1...good bye.

  64. Re:EU needs to be careful... by Anonymous Coward · · Score: 0

    Wouldn't it be better if the company just said 'we don't do GDPR, you decide'?

    Oh, it wouldn't, it would give you a choice and you *could* decide to do business with them, and that would be bad, because the government says so.

  65. Re:**note - they don't have to be sitting in the E by Anonymous Coward · · Score: 0

    See, that post is why Germany doesn't get to have nice things.

  66. Gross Misinformation. Please mod the parent down. by mileshigh · · Score: 1

    GDPR is based on location, not citizenship. https://cybercounsel.co.uk/data-subjects/

  67. Re:**note - they don't have to be sitting in the E by Anonymous Coward · · Score: 0

    In a way, it is the EU trying to enforce their laws globally. It does apply to any data collected about EU citizens.
    In another way, it isn't. It only applies to data collected about EU citizens.

    In any way "EU people" are not "always on about the US trying to police the world". It might not have occurred to you, but apart from the recent mild disagreements over trade and the Iran deal, the only time in the past 20 years when a majority of European citizens disagreed with a majority of Americans was over the Iraq war. I was personally in favor, actually, but given how it turned out, I'll concede that I was probably a mistake and I was in error. As it happens, a majority of Americans are now of the same opinion.

    But instead of a rant about poorly understood geopolitics, why not talk about GDPR. It, after all, TFS.

    For a mom and pop (or not so mom and pop) webshop, the consequences of GDPR are exactly zero. Provided that their shopping cart software uses https (they all do), allows the customer to change his contact details (they all do, because, you know, they actually want to ship this stuff to you), have a view of your past orders (they all do), allow you to delete your account (they all do) and don't default to "we'll email you shit you don't care about", that's pretty much it. They have nothing to do. They certainly don't have to name, never mind hire, a "Data Protection Officer". They don't even have to actually delete anything if the customer requests it, because GDPR specifically says they're allowed to retain data that may be necessary in a lawsuit, which all commercial transactions inherently are.

    The only new thing is that GDPR says they're not allowed to give or sell that information to anyone else.

    You may see this as a bad thing. If that's the case, if you think you benefit from any random person having personal information about you without your knowledge, if you think it's a good thing, feel free to post your name, address, phone number, SSN, and online shopping record here. It's all good after all.

    You haven't? Well then you agree with the idea of GDPR, regardless of whether it's a bad foreign EU thing or not.

  68. Re: Won't work by Anonymous Coward · · Score: 0

    Estonian Digital Residents.

    Does GDPR protect them or not?

  69. Re:**note - they don't have to be sitting in the E by Anonymous Coward · · Score: 0

    And by nice things you mean consumer junk, corporations raeping you in the ass, and jew running your lives with capitalism, while bombarding you with propaganda so you can't even understand the manner in which you are not free.

    It's the jews son. You need to gas them before it's too late.
    (Haha you've got zero privacy protections)

  70. Re:**note - they don't have to be sitting in the E by Phillip2 · · Score: 1

    "If push comes to shove, US companies will tell you to piss off and there's not one damn thing you can do about it."

    Well, other than sue the ass of their EU assets. Which they will have because we're all global these days

  71. Re:**note - they don't have to be sitting in the E by Anubis+IV · · Score: 1

    The point is that geo-fencing is a misguided attempt to avoid liability since a user can be outside the EU and still be protected by the law.

    You shouldn't believe everything you read online. Article 3 of the GDPR (see: page 110) specifies the "territorial scope" where the GDPR applies. While there are some details I'm glossing over, the gist of it is that the GDPR only applies when you, the company, or the target of the business is physically located in the EU. Notably, it makes no attempt at distinguishing between citizens and non-citizens, whether local or abroad, nor does it attempt to apply itself outside EU borders, except inasmuch as international law applies (e.g. reciprocal treaties, territories subject to EU member states, etc.).

    So, if you're a person in Frankfurt trying to book a flight with Lufthansa, you get GDPR protection, regardless of if you're German, American, or anything else. The company is based in the EU and you're in the EU, so you get the protection.

    If you're a person in New York trying to book a flight with Lufthansa, the company is still based in the EU, so you get GDPR protection, again without regard for your citizenship. This is a fact that—as an American—I am very much looking forward to, since it means that some of the benefits actually do extend to me over here.

    If you're signing up for Netflix on its German-language site while in Frankfurt, you get GDPR protection. They're targeting people in the EU with their website, so they've made themselves subject to EU regulation. And again, the regulation applies, regardless of your nationality.

    If you're signing up for Netflix on its English-language site while in New York, the company is neither targeting you in the EU nor is it based in the EU, so YOU DO NOT GET GDPR PROTECTION. And, as with the other examples, that's true whether you're from the EU or not.

    As for what any of this has to do with geofencing, whether the GDPR applies to a foreign company boils down to whether they are targeting users located in the EU. If they engage in marketing in the EU, make their website available in the native language of an EU member state, or accept payment in Euros, those could be taken as proof that a company is targeting EU users and is subject to the GDPR. Conversely, geofencing the site to prevent users in the EU from accessing it is an effective way to proactively protect themselves from claims that they are targeting European users and should be subject to the terms of the GDPR.

    All of which is to say, no, geofencing is not a misguided attempt at avoiding liability. It's actually a perfectly legal step that fully complies with the terms laid out in the GDPR. Moreover, the GDPR is completely unenforceable at a Starbucks in Iowa, not because the EU has no ability to enforce it there, but rather because the EU made no attempt to enforce it there. They respected the sovereignty of foreign regions.

  72. Instant Privacy by Anonymous Coward · · Score: 0

    Does this mean, as a U.S. user, I can list myself as living in the EU and instantly have better privacy?

  73. Re:EU needs to be careful... by Anonymous Coward · · Score: 0

    As a neighbor, I ,for one, kindly ask you to go fist yourself. I never gave my agreement to any company to collect my data and exploit it. This is my choice. Nobody is prevented to enter in a agreement with those data thugs. More choice for everybody. NOw fist yourself.

  74. Re:EU needs to be careful... by lucasnate1 · · Score: 1

    I don't think americans have some magical talent for engineering that other nations don't, despite what propoganda says. I also don't believe that capitalism magically creates amazing things that no other discipline can't. Hell, the internet itself was made with government funding.

  75. VPN via EU and I'm privacy protected? by rapjr · · Score: 1

    So all I need to do to protect my privacy in the US is to VPN myself via the EU? Of course that means the NSA + GCHQ will definitely collect all my metadata. Do the NSA + GCHQ have to comply with the GDPR?

    1. Re:VPN via EU and I'm privacy protected? by 110010001000 · · Score: 1

      "Do the NSA + GCHQ have to comply with the GDPR?"

      Please tell me you are joking.

    2. Re:VPN via EU and I'm privacy protected? by Cederic · · Score: 1

      that means the NSA + GCHQ will definitely collect all my metadata

      They already do.

      Do the NSA + GCHQ have to comply with the GDPR?

      The NSA, yes, but I doubt they're going to.
      GCHQ, no.

  76. Re:**note - they don't have to be sitting in the E by Brett+Buck · · Score: 1

    They have been sending strongly worded letters to, say, North Korea for some time. This will be precisely as effective.

  77. Re:EU needs to be careful... by bingoUV · · Score: 1

    You think this is new ? Ever heard of FATCA (https://www.irs.gov/businesses/corporations/foreign-account-tax-compliance-act-fatca) ?

    Learn what non-US banks do to comply with US laws.

    --
    Bingo Dictionary - Pragmatist, n. A myopic idealist.
  78. Customer Anonymizer by John.Banister · · Score: 1

    This sounds like a business opportunity. Some GDPR compliant EU company can have a single shipping address and the rest of a process to make EU customers anonymous to businesses outside the EU. Then, they can set up a server outside the EU and allow EU customers to anonymously shop the world. Businesses outside the EU don't have to worry about compliance and customers inside the EU will have access to products from anywhere. Plus, for the EU customers, another small delay and another fee will seem very ordinary. It won't be long before such a business will find non EU customers who prefer private shopping as well, especially when the customer data is stored in the EU, and organizations in the non-EU customer's government have to deal with delays and fees to obtain that data and de-anonymize the shopping.

  79. Re:EU needs to be careful... by Anonymous Coward · · Score: 0

    Ganjadude, you need to stop smoking that shit! Apparently it is of so low quality you are getting really bad hallucinations.

    If you want you can come over and see the hordes of migrants hell bent on blowing me up. If you can find them that is... I will even let you sleep on my couch for free. I am less afraid of those migrant hordes than the unstable politicians in the US. They can make more impact on my daily life here in Europe than people fleeing for their lives trying to get to a better place.

  80. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  81. Re:**note - they don't have to be sitting in the E by Anonymous Coward · · Score: 0

    The proper solution is to update your terms of service specifying that using the site as a EU citizen is expressly prohibited, therefore your logs and collected data is now protected as criminal evidence so when the GDPR compliance task force comes knocking, you can tell them that the data can not be deleted due to US law regarding unauthorized access to a computer system. Then you can let the state departments battle it out over which law has priority and you don't have to worry about anything for seven to fifteen years of red tape.

  82. Re:Won't work by Anonymous Coward · · Score: 0

    Lol, good point, I'm going to love seeing the headline Local police department fined 24 million dollars because the refused to delete an accident report of a EU tourist.

  83. I recommend this free WordPress plugin to do that by Anonymous Coward · · Score: 0

    https://wordpress.org/plugins/iq-block-country/

    I use it to block other countries from the backend of my sites, but it also works blocking countries on the front end, as well, returning a 403 Forbidden error instead. Easy to configure. Works like a charm.

    I've no connection to the developers, just that it's the best I've found.

  84. Re:EU needs to be careful... by mileshigh · · Score: 1

    You completely misread my remark. It's about people -- not banks -- and US law certainly isn't what's at issue here.

    I was remarking that the poster was blithely saying that he'd prefer to not do business with certain companies and that the poster's ok with a law that rams the poster's choice down the throats of neighbors, family, countrymen...

  85. Re: EU needs to be careful... by bingoUV · · Score: 1

    You completely misunderstood reality.

    It's about people, not banks ? So banks ate not run by people ? And banks are not used by people, both within their country of origin and outside ?

    Even this EU regulation is about internet companies, not people.

    US laws are not an issue here ? It is called an example, an analogy. US lawmakers imposed their choice on all US citizens : the choice of not doing business with people running any bank that does not share information about US citizens doing business with their bank. This doesn't help the US citizen at all, except securing the revenue of the US government.

    EU lawmakers also imposed their choice on all citizens of EU : to not do business with companies invading users' privacy. This actually helps citizens keep done privacy.

    --
    Bingo Dictionary - Pragmatist, n. A myopic idealist.
  86. Re:**note - they don't have to be sitting in the E by ooloorie · · Score: 1

    A EU citizen sitting in Starbucks in the US is equally as protected as if they were sitting in France.

    Anubis already demolished this claim.

    Furthermore, if the TOS say that you agree not to assert certain rights against the company and your citizenship prevents you from making such a deal, then you simply can't use the service.

  87. IGNORE GDPR - Tell the EU to just F off. by chapstercni · · Score: 1

    UNLESS you are actually a 'citizen' and subject to the EU jurisdiction, OR you have registered as an entity in their jurisdiction - just ignore it.

    The EU can threaten, but as I am not part of the EU, I will continue to be free to engage with any EU citizen under the jurisdiction of MY government.

    The EU wants, requests, and might get. Cannot enforce.

  88. Article 27 representative is still a big cost by tepples · · Score: 1

    Though a firm outside the Union can designate an existing employee as its data protection officer, it still has to hire somebody in the Union to act as the firm's representative to customers in the Union pursuant to article 27. This service costs $2,700 per year (source, even for a business that has less than $40,000 per year of revenue from the Union.

  89. Handling fee for those who choose not to opt in by tepples · · Score: 1

    Would you find it acceptable for a business to provide an opt-in marketing preference and charge a handling fee that's waived for customers who opt in?

  90. Billing and shipping data are personal data by tepples · · Score: 1

    Tell me, what of my personal data beyond billing and shipping data for my most recent order would a Mom and Pop shop need?

    The billing and shipping data themselves are enough personal data to trigger the obligations of the GDPR, including the obligation for a firm outside the Union to spend a substantial fee on designating a firm in the Union as its representative pursuant to article 27. The only payment methods I can think of that do not use personal data are cash and cryptocurrency, and the only shipping method I can think of that does not use personal data is in-store pickup.

  91. Article 27 by tepples · · Score: 1

    I agree with you that the DPO requirement is not nearly as onerous as the requirement under article 27 for firms outside the Union to hire a representative within the Union. But article 27 alone is enough to warrant use of GDPR Shield if a firm doesn't do enough business with individuals in the Union to cover the cost of an article 27 representative service.