Original date:2018-04-29 11:40:14 Edited by: ghaberek Subject: Re: Is this forum prepared for the GDPR?

ABC said...
ChrisB said...

The bottom line is no one is really too sure what is going to be the implications for international companies.

This is exactly the problem.

ChrisB said...

If a company does not have a base or office within the EU, but trades with the EU, then it is likely that that company will need to be GDPR compliant in order to continue to trade with the EU.

If the company has neither a base within the EU, and does not trade withe the EU, then they do not have to be GDPR compliant.

This is complicated. It seems like it should not count as trade if there is no money involved and no profit-making.

ChrisB said...

If a US company sells stuff to individuals within the EU, but has no trade agreement, then the company will not have to comply with the GDPR,

This is contrary to the legal advice that I have received. That should count as trade because goods and money are exchanged on a for-profit basis, and fall under the GDPR because it is trade with the EU.

ChrisB said...

but will have to comply with local data protection legislation.

By local, do you mean US legislation or EU member state legislation? For example if a German user signed up for the forum, the forum would then need to comply with local German data protection legislation, correct?

No, I meant locally where the business resides.

ChrisB said...

It would probabbly be wise for the forum to post an acceptance of terms and conditions, and understanding that any data that is shared here is done so at their own risk, and that the data is held not in the EU, and as such subject to local regulations.

The GDPR does not permit an implicit opt-in. The user must chose to opt-in by manually clicking the appropriate check-box.



I know, that's what I meant. But equally (and figure this one out), non-acceptance of terms and conditions, and non-storage of data should not be a bar to registering with a company. That's going to be fun with patient records.

The EU has just created a multi billion euro business, out of nothing. Best business plan ever.



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