What happens if a US site just ignores the GDPR?
Forget all the stuff out there that says the GDPR protects EU citizens. This is a question of jurisdiction and enforcement. Say I run a blog under a business registered in the US funded by advertisers in the US. A EU citizen that comments on posts issues a GDPR request that I ignore. Their government fines me. I tell them to get bent, I am out of their jurisdiction. What can they do at that point?
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I am a US citizen, I know how our laws are made, and find the explanation a little condescending, but this is the best answer so far that there is a treaty about it. I couldn't find that anywhere. Thanks.
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It's alright the dude is a neantherthal. They lack the brain structure and societal upbringing to understand written words and their meanings so be easy on them.
Please see rule 7 and keep in mind that harrassing another individual member will not be taken lightly. Please do not repeat this kind of language. Thank you.
Dudes handle is literally neanderthal. To my knowledge the last neanderthals died out a long time ago and there are no direct descendants but go a head and warn me for 'vocally harassing' someone.
Indeed, like we did exactly 5 hours ago.
No he didn't. The context was "as a US citizen" per the post. You gave him a 6th grade civics lesson about how bills turn into laws a-la school house rock before even sort of addressing the question. The next step would've been explaining what laws even are.
That's a little condescending, assuming a citizen of a nation doesn't know how their own laws are created. It isn't a LOT condescending but it is a little.
And you are what... The random condescending inspector or what? Nowhere in the OP's message did they convey they were familiar with the law making process. I found that particular answer the easiest to read. So there's that. Even the OP agreed that they shouldn't have reacted like that.
You asked the question dumbass, you got an answer
Probably nothing.
You would need an international law expert to be sure of the exact consequences, but if you have failed to pay a court ordered file then you would probably be unable to travel to an EU country or a country with an extradition treaty. You would certainly face issues if you ever wanted to expand your business overseas.
This might help:
Law.stackedchange.com
Pretty much nothing if it’s digital services with no goods or payments in the EU.(unless the eu puts pressure on the 3rd countries government)
Then they block your site and prevent you ever doing business in one of the world's largest markets. I'm not sure how liability works but the CEO may also be unable to travel to the EU also
Maybe you'd care to read this https://allaboutcookies.org/how-to-avoid-gdpr-fines
This is why a lot of US sites block EU residents , it's easier than being compliant and if you're a US focused site it makes sense.
That's why I use a VPN when using links from Reddit as many news sites are blocked .
I've read that, it just says more fines. Say I ignore them, now what?
Yeah I’m that case nothing can be done but say your site had a European operation that would be be covered under GDPR and the US parent would likely pay the fine to continue their operations on the continent
Based on your replies to other comments, it seems you don't see how the GDPR, or GDPR fines, could have any effect on US companies.
https://www.enforcementtracker.com/
Sort the list by fines, and you find US companies paying whopping amounts. Many affect their EU presence (such as Meta Platforms Ireland Limited), but others don't (such as Meta Platforms, Inc.).
Ask yourself if these giants were just too nice to give in, or if they were too poor to hire a lawyer.
If you think both options are unrealistic, maybe the GDPR does have an effect even on US companies.
I think the largest assumption you are making is that the OP does business with the EU. If they do not, they are truly out of the jurisdiction of GDPR and wouldn't be finding themselves on that list. Those fines you are referring to a multinational corps that definitely do a lot of business within the EU.
GDPR applies to American enterprises if they process personal data of EU citizens.
If you serve a website which is accessible to EU citizens, and that site collects personal data or allows users to enter personal data, GDPR most probably applies to you. IANAL.
True, but it's important to note that personal data means identifiers such as name, date of birth, location, etc. Comments on a blog, by themselves, are not personal data.
This is a good article on whether non-EU websites have to obey the GDPR. It boils down to two criteria:
or
The latter includes use of advertising cookies, location tracking, etc.
If neither of those apply, you can probably ignore the GDPR.
That is an interesting article, but it doesn't answer the question of jurisdiction because it refers to the GDPR itself. I.e. it doesn't answer whether an EU country itself actually has the authority to enforce it on a US citizen. The US could pass a law that says a website operator must eat a dog turd every time anyone, anywhere, a website runs an ad that a US person sees. Say someone in Romania runs a site with ads and the US government wants to enforce this. The law could even state that it applies anywhere in the world, but that doesn't make it so because the US does not have jurisdiction everywhere in the world. The Romanian government will rightly refuse to make their citizen eat the dog turd.
So the spirit of my question is, where is the stick to actually enforce anything on a US entity operating in the US under the GDPR? There is an agreement via an EO. Is there anything else in US law that could be used to enforce this if a US citizen refused an EU country trying to enforce the GDPR in the US? Using the text of it is NA because the EU can only do things that apply to EU countries and their citizens.
For those that aren't familiar with how the US gov functions, an EO is not even remotely close to a treaty, which has the same supremacy as our constitution. All an EO does is tell federal employees or federal executive agencies what to do. Our president could issue an EO telling everyone in the US to wear yellow hats when not in a building and for the FBI to arrest anybody with a yellow hat. Those arrested would have charges dropped the second it reaches the court because such a law does not exist and it is outside the scope of power of the president. EOs can only act within already existing laws.