Timeline for Are firm's vendors liable in case the firm deliberately and openly shuns GDPR compliance?
Current License: CC BY-SA 4.0
9 events
| when toggle format | what | by | license | comment | |
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| Sep 12, 2021 at 12:24 | comment | added | grovkin | Imagine that China has a law making it illegal to provide certain information to its citizens about other Chinese citizens even if the hosting site is abroad. Do you think the US justice system would even consider extraditing someone to China to stay trial for violating such a law? I hope you would not expect that. Well, since GDPR-type law would be unconstitutional, you can expect it to receive the same treatment. | |
| Sep 12, 2021 at 12:07 | comment | added | grovkin | It's not a matter of maturity. When it comes to decisions to extradite, it's a matter of reciprocity. Since GDPR would not be considered an ethical law, a US person would be unlikely to be extradited from the US to a EU jurisdiction. And you can opt out of laws which do not apply to you. It is nothing but a courtesy to comply with such a law. To suggest that it is an obligation would require an answer to the "or else what?" challenge. And anyone, trying to enforce a law that cannot be enforced, also cannot answer such a challenge. The same is not true of tax laws. | |
| Sep 12, 2021 at 9:56 | comment | added | amon | @grovkin True, tax enforcement is more mature. But my point of comparing GDPR with taxes is that you can't opt out from complying with these laws. There are people who think that taxes are voluntary, but those sovcits can't be taken seriously. With GDPR in an international context, the issue is that there might be compliance obligations and liability, but ignoring them might have no real-world consequences. | |
| Sep 12, 2021 at 2:33 | comment | added | grovkin | as a btw, there is a clear distinction between electing to violate GDPR and electing to not pay taxes. I am fairly certain that the US would NOT extradite anyone solely to be prosecuted for violating GDPR. And I would think that the US would extradite someone to stand trial for tax evasion. From what I have learned on this site, extraditions are usually only granted if a similar action is also a crime in the country in which the person is located. GDPR would be unconstitutional and would likely be considered unethical in the US. | |
| Aug 25, 2021 at 20:39 | comment | added | amon | There's realistically not a lot the EU can do to enforce against a US company without any European presence, though it may be possible to block/garnish some payment flows. The example I mentioned about “getting into trouble” was Disqus, which had enabled a GDPR-compliance mode when accessed from Europe, but forgot to enable this mode for one country (Norway). The fine in that case isn't final and hasn't been paid yet, though I expect that Disqus will eventually pay. No vendors/processors are involved in that example. | |
| Aug 25, 2021 at 20:38 | comment | added | amon | @grovkin Under GDPR, data processors are not liable for GDPR violations by their data controllers. But as I discuss in my answer, some vendors might not have data processors status, would then be data controllers of their own, and therefore would be responsible for GDPR compliance. | |
| Aug 25, 2021 at 20:23 | comment | added | grovkin | Can you elaborate by what you mean that a company "got in trouble?" I am asking about a situation in which a US merchant willingly, and flagrantly, accepts a criminal status from the EU view while being in complete compliance with the US laws. Would that put the merchant's vendors in jeopardy? | |
| Aug 25, 2021 at 20:17 | comment | added | grovkin | what do you mean "they can't elect to not comply." Of course, they can. They can't do it without violating GDPR. The question is whether the willful violation of GDPR puts their vendors in jeopardy. And yes, this would be a US merchant deliberately and overtly disregarding EU's laws while servicing customers located in EU. And I didn't mean that regional banks would be used for payment processing. I mean that they would be the only types of banks used for regular business banking. Obviously, the fund processors would be international, but they would deposit the funds in the US banks. | |
| Aug 24, 2021 at 19:08 | history | answered | amon | CC BY-SA 4.0 |