I just wish they'd drop the absurd pretense that the EU is somehow capable of imposing their provincial laws on foreign companies with no physical presence in the EU.
It's not like the EU is saying "These activities must be abolished from the planet!"; the EU is saying "You can't do these things to our citizens without their explicit consent, and we will punish you if you do, regardless of where you host your website."
It's a statement that someone's private data and intellectual property is theirs. You aren't free to steal it just because you're in another country. Google and Facebook have no divine right to people's personal data, and I am thrilled to see countries protecting their people.
Private data is data you don't share. Under some very limited circumstances, you might entrust private data to a third party for safekeeping, i.e. Dropbox, Google Photos, iCloud Drive, and it's important that they not leak or abuse it.
But that's only a tiny portion of what the GDPR is about. It concerns records of your interactions with others. It's a statement that one side of an interaction is entitled to force the other side to delete their memory of that interaction, or to dictate the situations under which they are permitted to remember it.
Corporations have incredible power compared to the individual, and before GDPR, it was commonplace for services to require unreasonable privacy violations: And consumers had to either accept it, or be cut off. (In many cases, the companies doing this have monopolies, making this even more problematic.)
Realistically, this is not going to impact small companies a lot. This is about big ad and tech companies, and giving citizens some minor semblance of tools to resist them.
I don't know if it's possible to have a productive discussion about what seems to be a question of fundamental philosophy and values, but that's ridiculous on its face.
If I'm a shop owner and a customer buys something from me, the cash register prints two receipts: one the customer owns, one I own. If a customer writes me an email, I own my copy of that email. If a customer comes in and makes a scene, and I ban him from my stores's premises, the paper I generate telling my staff to call the police if they seem him is mine.
If I follow him around and write down everywhere he goes... at some point a line gets crossed, sure. If I start asking other shopkeepers if they've seen him or what he purchased, yeah, something's wrong. But to claim that my records of the interactions he knowingly, willingly had with me are his property just sounds bizarre.
>Realistically, this is not going to impact small companies a lot. This is about big ad and tech companies, and giving citizens some minor semblance of tools to resist them.
The GDPR does not discriminate by the size of the operation. It's large companies which can reliably afford the consultant, lawyer, and engineering time to understand and adapt to new regulation. The violators are going to be those without security and compliance departments.
The paper you printed to ban someone from you store falls under Art1, §1, Section f of the GDPR; your interest in keeping that person out of the store outweighs their interest in keeping their details private.
The EU has neither the right nor the ability to deliver on that threat. I will continue to ignore the GDPR, as I ignore the ridiculous cookie laws, without worrying about European police raiding my home at night.
But I will take no actions on my end to implement EU laws, and it's laughable that some people in this thread imagine the EU has the power to coerce me to do so.
I don't like what is happening here, but when people want a particular outcome strong enough, they tend set aside more principled concerns.
Enforcing laws internationally is easy, considering that there are systems designed to allow the police of one country to freeze the assets of citizen of another country.
You might just wake up one morning with your bank accounts frozen and your credit cards revoked if you violate the GDPR.
Governments have previously seized entire airplanes to pay for a single $500 fee that an airline refused to pay, don't expect it won't happen to you.
Please, spare me. I'm no more worried about EU laws than I am about China seizing my accounts for mentioning Tiananmen Square. You overestimate the EU's reach.
For the record, when I build services, I personally don't intend to ever keep any records that aren't absolutely necessary to provide the service. That's a personal decision, a voluntary one, and also one that can be marketed to certain customers, though that isn't the reason. I also believe that if you send data to a website then it becomes subject to whatever terms they want to apply to it, and if you don't like how they use your data then don't send it to them, and block them.
The US has forced its laws on other countries in this way for decades, always to protect profits, it's great that now another actor enforces its laws the same way, for the public.
But if you're a company specifically soliciting EU customers, and especially if you have a presence in the EU physically, expect to have issues if you're collecting data on them without consent.
Bear in mind, the US will extradite people for committing crimes against US entities who live fully within other countries. Presumably if the act is bad enough... that sort of thing starts to play in. (Seriously, if the EU tried to extradite Sundar Pichai... that'd be something, wouldn't it?) The crime has to be befitting such effort though. One EU citizen's data sweeped up in your Google Analytics data does not make you worthy of a legal case. Do it several million times... maybe.
tl;dr: If you're an average company not operating in or marketing to the EU, this doesn't affect you. If you're the size it's likely to be an issue for you, you're likely big enough to handle the additional requirements and do fine.
They aren't capable of doing that, if those companies do not do business within the EU. As soon as those companies have the power to negatively impact EU citizens, however, the EU has the power to protect those citizens.