I have a client that wants to approach GDPR compliance by simply putting a notice on his subscription forms along the lines of "Don't sign up, Europeans"

From what I gather about GDPR compliance, I'm pretty sure that won't pass muster. Correct?


You can't get qualified legal advice on an anonymous message board. If the client really wants to go ahead with this, he should consult a qualified lawyer.

That being said, the EU maintains that the GDPR applies worldwide as long as the data subject is in the EU. The enforcement of such worldwide jurisdiction might prove difficult, but see e.g. the Iran sanctions regime by the US for an extreme case.

I don't think such a notice can prevent users from becoming GDPR data subjects.

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  • But any European client who still signed up would probably breach their terms of service. I don't think one can obtain access to a service by violating terms of service and then make claims based on that violation. The relevant question is if the website is "offering goods or services" to EU citizens, which (even if telling them to eff off suggests that this is not the case) needs indeed to be checked by a lawyer. But that sounds more like an implementation detail, not as if the idea was untenable per se. – Eike Pierstorff Jul 28 '18 at 10:14
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    @EikePierstorff, what if a non-EU client becomes an EU client by moving to the EU? "I'm in Europe now. I don't want to renew the subscription and by they way, what data do you have on me and how are you using it?" Also I doubt that a violation of the terms of service voids GDPR protections, except insofar as data can be preserved for litigation (and the already GDPR allows for that). – o.m. Jul 28 '18 at 14:06
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    Violating the terms of service doesn't allow the site to breach GDPR. – gnasher729 Apr 27 '19 at 7:06

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