On Tue, 20 Nov 2018, Rupert Gallagher wrote:

The email address is an address, part of your personally identifiable data.

I'm not disputing that. I write software that deals with PII in my day job.

If an identifiable entity in the US sends mass mail to European addresses, then they must have a representative in Europe and comply with the GDPR.

(1) how do you *force* someone in the US to have a representative in Europe?

(2) if they do no business in the EU, and do not have any presence in the EU (sending email to addresses in the EU is not "having a presence in the EU"), how are they subject to fines for violating the law in the EU?

If, for example, I - a private, non-commercial entity - hosted a mailing list on my private server (which I have done in the past), and someone in the EU subscribed and posted to that list and their email address was captured in the list archives, and they later unsubscribed and asked for their email address to be removed from the list archives, and I (for whatever reason) did not do so, *how* would an EU court levy fines against me?

The US is not a signatory to the GDPR as far as I am aware, and I have *no* legal presence outside the US.


On Tue, Nov 20, 2018 at 17:03, John Hardin <jhar...@impsec.org> wrote:

On Tue, 20 Nov 2018, Rupert Gallagher wrote:

Yes, if you are European, and might get some money as compensation.

From a US political advocacy group which has no commercial presence in EU?
How does GDPR apply in that situation?

On Mon, Nov 19, 2018 at 04:19, Joe Acquisto-j4 <j...@j4computers.com> wrote:

Gents,

I somehow became subscribed to a list, political in nature, in whose mail I 
have no interest. This is a legitimate AFAIK, US organization.

Thus far, several uses of their unsubscribe link had not provided relief. 
Direct email to the founder and operations manager seem to have been ignored as 
well.

While I can just dump their mail, it offends my finely hones sense of 
propriety, justice and my all around good nature. Besides, it hoses me off.

So, is there some "authority" to which I can report these a**holes? that might 
have an effect?

--
 John Hardin KA7OHZ                    http://www.impsec.org/~jhardin/
 jhar...@impsec.org    FALaholic #11174     pgpk -a jhar...@impsec.org
 key: 0xB8732E79 -- 2D8C 34F4 6411 F507 136C  AF76 D822 E6E6 B873 2E79
-----------------------------------------------------------------------
  The question of whether people should be allowed to harm themselves
  is simple. They *must*.                           -- Charles Murray
-----------------------------------------------------------------------
 600 days since the first commercial re-flight of an orbital booster (SpaceX)

Reply via email to