Just because your website is in Spanish doesn't mean it's targeting EU people, but if your website is only in English its part of the argument against.
It might not have been clear, but I was agreeing with that part. Just offering service in the languages of one or more of your trading partners outside the EU isn't evidence that you're targeting the EU, even if they also speak a member state's language due to being an ex-colony.
It's very rare to see any company do anything other than list all possible postal codes, including those belonging to countries where the USA has sanctions.
For the business in question, it had been standard practice to remove country codes from the list if the business has made a decision not to ship to that country, such as compliance with an overall embargo (like that of the United States toward Cuba, Iran, DPRK, Sudan, and Syria) or high levels of payment or refund fraud from a particular country. At times, we have omitted countries like Indonesia or Bosnia and Herzegovina from the list. In addition, the form split the list of countries into "Advanced Economies" (the 19 individually represented countries of the G20, alphabetically) and "Other Countries" (alphabetically). This split the EU in the list between the four member states in the G20 (France, Germany, Great Britain and N. Ireland, and Italy) and other member states not individually represented. All prices were shown in US dollars, and customs duty was explicitly the buyer's problem. Would that remotely be seen as targeting EU members?
Is your website in German? Or are you relying on customers to have proficiency in English?
That depends. Does a website in English, French, and Spanish with a US mailing address appear as someone targeting Britain, Ireland, France, and Spain? My reading of the test in recital 23 shows that regulators would instead realize it is targeting USA, Anglophone Canada, Francophone Canada, and Mexico. However:
d) Are you shipping within the EU or from outside?
From outside. But if the <select> element for country in the shipping destination and billing address forms contains <option> elements referencing member states, that might count as "the mentioning of customers or users who are in the Union" per recital 23.
e) Do you actually have a subsidiary or presence in the EU.
Article 27 compliance is easier for an entity with a subsidiary in the Union because it can designate said subsidiary as its representative.
Remember you actually need to do something within a jurisdiction for that jurisdiction to apply
Does having a processor process customers' payment count as "doing something"?
get some different legal advice because the current one you're getting is making you afraid of being sued by your own shadow.
In principle, I agree. But it'll take some time for there to be enough case law that lawyers leave "avoid making yourself a test case" mode and become interested in offering a more moderate second opinion.
Does your kid's school keep a full classroom set of graphing calculators on hand for tests? (And to the point of the article, do French schools?) A phone ban could work if that is the case.
It's eminent domain leading to public domain. In this property tax proposal, the Copyright Office pays the owner-assessed "just compensation" to the owner for a taking pursuant to the Fifth Amendment. (That's the eminent part.) Then the Office formally abandons said copyright. (That's the public part.)
Just because you are willing to put something in a box and mail it to the EU doesn't mean you're doing "business in the EU".
Article 3(2)(a) states that "offering of goods and services [...] to such data subjects in the Union" is enough to make the GDPR apply.
Rather than paying representatives companies which do business in the EU could just get their Irish accountants to handle the requests.
Correct. A company with a subsidiary in the EU can designate the EU subsidiary as its representative pursuant to Article 27.
But when you wrote your comment, were you mostly referring to multibillion-dollar companies or to small businesses with annual turnover less than $10 million?
In other words, this ban can work provided the people of France are willing to pay for a full set of calculators or other electronic learning aids for every public school classroom that requires students to use them.
That can work for the fraction of your chat history that happens to be with other users of macOS or iOS. But to what extent does iMessage also synchronize history of chat with other people who use a device not made by Apple? Because last I checked, iMessage could not communicate with people who primarily use X11/Linux, Windows, or Android.
Another proposal along similar lines is a property tax. Beginning several years after first publication of a work, a copyright owner assesses the value of the copyrights it owns and remits a fraction of that value to the Copyright Office every year. Anyone else can put a work in the eminent domain* by paying the copyright owner that amount. To prevent this sort of taking pursuant to the Fifth Amendment or foreign counterparts, a copyright owner can pay more tax on a higher self-assessed value.
Those who disagree with this proposal would probably end up using the term "intellectual property" less often as they begin to realize the difference between exclusive rights in land and a copyright.
You only need to have a representative if you do large scale processing of tracking data mentioned in paragraph 9.1: Like race, religion, health and other categories deemed especially sensitive, and only if you haven't got prior permission.
Article 27(2)(a) (linked again for convenience) sets forth four requirements for a private sector business outside the EU that does business in the EU to be exempt from the requirement to hire a representative:
1. processing "is occasional"; 2. processing does not include large-scale processing of Article 9(1) data, largely related to membership in a protected class under anti-discrimination law, which you mentioned; 3. processing does not include large-scale processing of data about criminal convictions; and 4. processing "is unlikely to result in a risk to the rights and freedoms of natural persons".
The use of the word "and" in the text of the article means that processing must meet all four requirements. Even if processing meets criteria 2, 3, and 4, if it does not additionally meet criterion 1 of being "occasional," the business must either hire a representative in the EU or turn away customers in the EU. This is why a lot of small businesses outside the EU are waiting for EU judges to define "occasional" before entering or reentering the EU market.
If my analysis is incorrect, then what does the phrase "processing which is occasional" in the regulation mean, and why?
My current employer is not a "multinational conglomerate" but a small business in the United States. It did less than 1 percent of its business in the EU during the 365 days prior to the effective date of the GDPR. If it were to continue to ship to the EU, the price of the Article 27 representative service that I linked would exceed the total margin on orders that bill or ship to the EU.
The US is facing a bill to extend copyright another 70 years.
Copyright in which works? All works, or just pre-1972 sound recordings that are already subject to copyright-like rights granted by the several states? Besides, the sound recording copyright is among the easiest to design around, as once copyright in the underlying musical work has expired, it's fair game for your cover version.
Corporations are wrecking copyright by claiming rights for their 'lifetime', which for virtually every corporation is 'forever'.
For purpose of the U.S. copyright term in works other than pre-1972 sound recordings, the life of the author of a work made for hire is reckoned as 25 years after first publication or 50 years after creation, whichever comes first. This part of the copyright term formula has remained unchanged since the Copyright Act of 1976, even though a 1998 amendment to the statute extended the post-mortem period from the Berne minimum 50 years to 70 years to match that of the European Union.
Physical media such as paintings will eventually face the problem of being replicated to be preserved, and then the inevitable fight over rights of this 'perpetual' replica as a replacement.
Unlike Australia, the United States does not recognize "sweat of the brow" as extending a copyright term. When copyright in an original two-dimensional work such as a painting expires, copyright in all faithful reproductions thereof expires along with it. Bridgeman Art Library v. Corel Corp., 36 F. Supp. 2d 191 (S.D.N.Y. 1999).
At what point will it no longer be worth it to business in the EU?
For many companies, that came on 25 May 2018, the effective date of Article 27 of the General Data Protection Regulation (GDPR) (text). It requires businesses outside the EU that do business in the EU to hire a representative in the EU to handle privacy requests, even if the foreign business otherwise complies with the GDPR. Representative service can cost thousands of USD per year (source).
Only "occasional" processing of personal data is exempt from the Article 27 requirement, and it remains to be seen how EU judges will interpret "occasional" in light of its lack of definition in the text of the GDPR. For example, if a business does less than 1% of its worldwide turnover in the EU, is processing "occasional" when it happens roughly twice per order, once during payment and once when the business prints a shipping label?
On the desktop, power usage isn't nearly so important - it's plugged in.
Less important than on a phone, but it still depends on local price per kilowatt hour (1 kWh = 3.6 MJ).
Your budget isn't a power budget on the desktop, it's a dollar budget.
Cost of kilowatt hours in dollars leads many PC users in areas with expensive electric power to choose integrated graphics or a laptop-as-desktop. The latter is especially practical in areas with an unreliable power grid because of the internal UPS in every laptop. These users' needs overlap somewhat with those of a seminomadic group who want the ability to run (at least lightweight) desktop applications while away from home and office, such as on the transit commute therebetween.
Whether every classroom carries a full set or just a handful for those who forgot or cannot afford their own calculators depends on the attitude of the taxpayers in the area toward funding public K-12 education. Some states' fiscally conservative electorates have chosen to put a ceiling on property tax.
... and if you actually care about chat histories, why weren't you using a client that saved them locally?
Which "client that saved them locally" synchronizes local copies of chat history across a desktop computer, a laptop computer, a smartphone, and a tablet computer?
Are you too stupid to realize there's a difference between a tool, primarily used for a single function (helping with math calculations) and a toy which CAN have that kind of functionality, or are you just trolling?
I'm smart enough to realize that if a high school freshman already carries an entry-level Android phone on a low-end prepaid plan (no cellular data and a handful of minutes and texts per month), a graphing calculator app for that phone can be much cheaper for the parents than a dedicated TI-8x graphing calculator, which includes a hefty surcharge for College Board rent seeking.
At my daughter's high school, any student whose phone rings in class has to get up in front of the class and dance The Macarena. This is a surprisingly effective deterrent.
Until you get to the showoff with six different remixes of "Macarena" on his phone, including the one that sounds like it's straight out of Mortal Kombat ("La Mezcla Guerrillera by Fangoria") and the one that sounds like almost a mash-up with "Unbelievable" by EMF ("Bass Bumpers Remix").
Phones should remain in their locker during school hours.
Should graphing calculators also "remain in their locker during school hours"? If not, why should phones used to run a graphing calculator app "remain in their locker during school hours"?
Slashdot Mirror
Just because your website is in Spanish doesn't mean it's targeting EU people, but if your website is only in English its part of the argument against.
It might not have been clear, but I was agreeing with that part. Just offering service in the languages of one or more of your trading partners outside the EU isn't evidence that you're targeting the EU, even if they also speak a member state's language due to being an ex-colony.
It's very rare to see any company do anything other than list all possible postal codes, including those belonging to countries where the USA has sanctions.
For the business in question, it had been standard practice to remove country codes from the list if the business has made a decision not to ship to that country, such as compliance with an overall embargo (like that of the United States toward Cuba, Iran, DPRK, Sudan, and Syria) or high levels of payment or refund fraud from a particular country. At times, we have omitted countries like Indonesia or Bosnia and Herzegovina from the list. In addition, the form split the list of countries into "Advanced Economies" (the 19 individually represented countries of the G20, alphabetically) and "Other Countries" (alphabetically). This split the EU in the list between the four member states in the G20 (France, Germany, Great Britain and N. Ireland, and Italy) and other member states not individually represented. All prices were shown in US dollars, and customs duty was explicitly the buyer's problem. Would that remotely be seen as targeting EU members?
The representative pursuant to article 27 must be in the European Union. Our business is in the USA.
Is your website in German? Or are you relying on customers to have proficiency in English?
That depends. Does a website in English, French, and Spanish with a US mailing address appear as someone targeting Britain, Ireland, France, and Spain? My reading of the test in recital 23 shows that regulators would instead realize it is targeting USA, Anglophone Canada, Francophone Canada, and Mexico. However:
d) Are you shipping within the EU or from outside?
From outside. But if the <select> element for country in the shipping destination and billing address forms contains <option> elements referencing member states, that might count as "the mentioning of customers or users who are in the Union" per recital 23.
e) Do you actually have a subsidiary or presence in the EU.
Article 27 compliance is easier for an entity with a subsidiary in the Union because it can designate said subsidiary as its representative.
Remember you actually need to do something within a jurisdiction for that jurisdiction to apply
Does having a processor process customers' payment count as "doing something"?
get some different legal advice because the current one you're getting is making you afraid of being sued by your own shadow.
In principle, I agree. But it'll take some time for there to be enough case law that lawyers leave "avoid making yourself a test case" mode and become interested in offering a more moderate second opinion.
A lot of people could cancel cable Internet and make do with 10 GB/mo of mobile tethering were it not for video streams and game downloads.
Nintendo Switch is up against PlayStation 4 Pro and Xbox One X.
The difference between edge computing and a game console is that the end user lacks physical access to tamper with edge computing.
Does your kid's school keep a full classroom set of graphing calculators on hand for tests? (And to the point of the article, do French schools?) A phone ban could work if that is the case.
It's eminent domain leading to public domain. In this property tax proposal, the Copyright Office pays the owner-assessed "just compensation" to the owner for a taking pursuant to the Fifth Amendment. (That's the eminent part.) Then the Office formally abandons said copyright. (That's the public part.)
Just because you are willing to put something in a box and mail it to the EU doesn't mean you're doing "business in the EU".
Article 3(2)(a) states that "offering of goods and services [...] to such data subjects in the Union" is enough to make the GDPR apply.
Rather than paying representatives companies which do business in the EU could just get their Irish accountants to handle the requests.
Correct. A company with a subsidiary in the EU can designate the EU subsidiary as its representative pursuant to Article 27.
But when you wrote your comment, were you mostly referring to multibillion-dollar companies or to small businesses with annual turnover less than $10 million?
You just have to appoint a responsible person.
That's for the data privacy officer provision, which is distinct from the representative provision.
In other words, this ban can work provided the people of France are willing to pay for a full set of calculators or other electronic learning aids for every public school classroom that requires students to use them.
That can work for the fraction of your chat history that happens to be with other users of macOS or iOS. But to what extent does iMessage also synchronize history of chat with other people who use a device not made by Apple? Because last I checked, iMessage could not communicate with people who primarily use X11/Linux, Windows, or Android.
Another proposal along similar lines is a property tax. Beginning several years after first publication of a work, a copyright owner assesses the value of the copyrights it owns and remits a fraction of that value to the Copyright Office every year. Anyone else can put a work in the eminent domain* by paying the copyright owner that amount. To prevent this sort of taking pursuant to the Fifth Amendment or foreign counterparts, a copyright owner can pay more tax on a higher self-assessed value.
Those who disagree with this proposal would probably end up using the term "intellectual property" less often as they begin to realize the difference between exclusive rights in land and a copyright.
You only need to have a representative if you do large scale processing of tracking data mentioned in paragraph 9.1: Like race, religion, health and other categories deemed especially sensitive, and only if you haven't got prior permission.
Article 27(2)(a) (linked again for convenience) sets forth four requirements for a private sector business outside the EU that does business in the EU to be exempt from the requirement to hire a representative:
1. processing "is occasional";
2. processing does not include large-scale processing of Article 9(1) data, largely related to membership in a protected class under anti-discrimination law, which you mentioned;
3. processing does not include large-scale processing of data about criminal convictions; and
4. processing "is unlikely to result in a risk to the rights and freedoms of natural persons".
The use of the word "and" in the text of the article means that processing must meet all four requirements. Even if processing meets criteria 2, 3, and 4, if it does not additionally meet criterion 1 of being "occasional," the business must either hire a representative in the EU or turn away customers in the EU. This is why a lot of small businesses outside the EU are waiting for EU judges to define "occasional" before entering or reentering the EU market.
If my analysis is incorrect, then what does the phrase "processing which is occasional" in the regulation mean, and why?
My current employer is not a "multinational conglomerate" but a small business in the United States. It did less than 1 percent of its business in the EU during the 365 days prior to the effective date of the GDPR. If it were to continue to ship to the EU, the price of the Article 27 representative service that I linked would exceed the total margin on orders that bill or ship to the EU.
This is correct of the United States. It is not correct of other countries like Germany, which ban homeschooling.
The US is facing a bill to extend copyright another 70 years.
Copyright in which works? All works, or just pre-1972 sound recordings that are already subject to copyright-like rights granted by the several states? Besides, the sound recording copyright is among the easiest to design around, as once copyright in the underlying musical work has expired, it's fair game for your cover version.
Corporations are wrecking copyright by claiming rights for their 'lifetime', which for virtually every corporation is 'forever'.
For purpose of the U.S. copyright term in works other than pre-1972 sound recordings, the life of the author of a work made for hire is reckoned as 25 years after first publication or 50 years after creation, whichever comes first. This part of the copyright term formula has remained unchanged since the Copyright Act of 1976, even though a 1998 amendment to the statute extended the post-mortem period from the Berne minimum 50 years to 70 years to match that of the European Union.
Physical media such as paintings will eventually face the problem of being replicated to be preserved, and then the inevitable fight over rights of this 'perpetual' replica as a replacement.
Unlike Australia, the United States does not recognize "sweat of the brow" as extending a copyright term. When copyright in an original two-dimensional work such as a painting expires, copyright in all faithful reproductions thereof expires along with it. Bridgeman Art Library v. Corel Corp., 36 F. Supp. 2d 191 (S.D.N.Y. 1999).
At what point will it no longer be worth it to business in the EU?
For many companies, that came on 25 May 2018, the effective date of Article 27 of the General Data Protection Regulation (GDPR) (text). It requires businesses outside the EU that do business in the EU to hire a representative in the EU to handle privacy requests, even if the foreign business otherwise complies with the GDPR. Representative service can cost thousands of USD per year (source).
Only "occasional" processing of personal data is exempt from the Article 27 requirement, and it remains to be seen how EU judges will interpret "occasional" in light of its lack of definition in the text of the GDPR. For example, if a business does less than 1% of its worldwide turnover in the EU, is processing "occasional" when it happens roughly twice per order, once during payment and once when the business prints a shipping label?
On the desktop, power usage isn't nearly so important - it's plugged in.
Less important than on a phone, but it still depends on local price per kilowatt hour (1 kWh = 3.6 MJ).
Your budget isn't a power budget on the desktop, it's a dollar budget.
Cost of kilowatt hours in dollars leads many PC users in areas with expensive electric power to choose integrated graphics or a laptop-as-desktop. The latter is especially practical in areas with an unreliable power grid because of the internal UPS in every laptop. These users' needs overlap somewhat with those of a seminomadic group who want the ability to run (at least lightweight) desktop applications while away from home and office, such as on the transit commute therebetween.
Whether every classroom carries a full set or just a handful for those who forgot or cannot afford their own calculators depends on the attitude of the taxpayers in the area toward funding public K-12 education. Some states' fiscally conservative electorates have chosen to put a ceiling on property tax.
... and if you actually care about chat histories, why weren't you using a client that saved them locally?
Which "client that saved them locally" synchronizes local copies of chat history across a desktop computer, a laptop computer, a smartphone, and a tablet computer?
Are you too stupid to realize there's a difference between a tool, primarily used for a single function (helping with math calculations) and a toy which CAN have that kind of functionality, or are you just trolling?
I'm smart enough to realize that if a high school freshman already carries an entry-level Android phone on a low-end prepaid plan (no cellular data and a handful of minutes and texts per month), a graphing calculator app for that phone can be much cheaper for the parents than a dedicated TI-8x graphing calculator, which includes a hefty surcharge for College Board rent seeking.
throwing a football into the field
hey stupid, its france, they dont throw in football, they kick.
Until someone kicks the ball across the sideline. Then it's just as AC said: throwing a football into the field.
At my daughter's high school, any student whose phone rings in class has to get up in front of the class and dance The Macarena. This is a surprisingly effective deterrent.
Until you get to the showoff with six different remixes of "Macarena" on his phone, including the one that sounds like it's straight out of Mortal Kombat ("La Mezcla Guerrillera by Fangoria") and the one that sounds like almost a mash-up with "Unbelievable" by EMF ("Bass Bumpers Remix").
Source: Macarena Non Stop
Phones should remain in their locker during school hours.
Should graphing calculators also "remain in their locker during school hours"? If not, why should phones used to run a graphing calculator app "remain in their locker during school hours"?