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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Incorrect.
The current data agreement between the US and EU is neither a law nor a treaty. It is an executive order, which means it did not pass through Congress and simply reflects the policy of the current administration. Like any other executive order, it could be ignored or overturned by a subsequent administration.
Furthermore, it does not mean “GDPR is actually the law in the US”. It means that the current US administration will cooperate in enforcing certain privacy rights against US law enforcement and the intelligence community. It does not give EU citizens the same rights they have in the EU under the GDPR. For example, it does not allow private individuals to sue US companies for damages in US courts.
Thank you, I learned something new today.
Just to clarify here: it’s not just the act of signing it that makes it US law. The executive branch negotiates and signs a treaty, but the treaty then has to be approved by a 2/3 majority of the Senate in order to become law.
Just wanted to make it clear that there are still checks-and-balances on this process and that it’s not a loophole around Congressional approval.
Genuinely curious… what would the damages be?
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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“You read that condescension into it by yourself. You are asking a question and that is the answer I have no idea about your context.” That is fair. I hadn’t had my coffee and have been dealing with an unusually high amount of unpleasant individuals lately, hence the short fuse.
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Apparently it is being implemented via executive order. It seems like enforcement could be struck down in the courts. For those that aren’t familiar with how the US works, an EO is just the president telling federal employees to do something. Biden could issue an EO telling the FBI to arrest me for calling him a poopy head, but I would never be indicted for it. I am not seeing it on the state department list of US treaties either. So with no real treaty, the question still stands of what can the EU really do to a US entity that refuses to comply?
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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.
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Well time to unsub if simple humor isn’t allowed. Have fun trying to moderate with that kind of attitude.
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Not entirely. There was some even some inter breeeding with what we consider modern humans. People today have Neanderthal DNA. I hate to break to you, but your great-great…great granny was likely a neanderthal.
Yeah isn’t %2 supposed to be the average across humanity with some people having an even higher percentage? Either way hopefully you didn’t take offense because it was supposed to be a light hearted poke at your username and the context of the conversation above my reply. Also you’d be surprised at how many (or few) Americans actually know how the law processes work here.
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.
Speaking only for myself (another US citizen), I didn’t know treaties could cover things like that so I found it valuable.
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.
There is no treaty. And the GDPR is not “law” in the US. You cannot sue a company for damages in the US like in the EU.
However, there is an executive order that allows you to file a complaint if you think your privacy rights have been violated.
You can find a good explainer here.
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