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arlogilbert | 4 years ago

If you think that launching your app in a another region is hard, there is currently a case being evaluated in Europe which is evaluating the argument that even if the data never leaves the EU and the provider is a European entity but affiliated with or a subsidiary of a US company, that this is stil considered a violation.

So unfortunately just moving hardware locations may be insufficient, even forming a new entity won't suffice.

In my humble opinion we are witnessing the nationalization of the Internet, in the name of good intent, but eventually the risk vs reward calculation of doing business across the Atlantic (for either side) will tilt in the direction of avoiding the risk.

Although it could be argued that "good, laws are made for people not for businesses" I'd counter that a great deal of the free information published by US companies and non-profits will become unavailable in the EEA.

I'm hopeful that the DPAs and courts in Europe will decide to balance these concerns.

FWIW: I run one of the more popular data privacy platforms, Osano, so this is an area we track very closely and which is near and dear to my heart. I built Osano as a Public Benefit (and certifeid B-Corp) to try and prevent the nationalization of the Internet by giving businesses an easy way to respect the rights of their customers & visitors.

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xg15|4 years ago

I mean, I assume the US are interested in this exchange as well. If they are, they could lead by example and reform the CLOUD act or implement some more effective data protection regulations themselves.

We aren't in this mess because the EU somehow wants to nationalize the internet, we are because with current legislation, US companies can be forced to hand over whatever data they posess, no matter where it's stored.

Not a lawyer, but my current understanding of the current events is more or less the EU saying "if it's subject to the CLOUD act, it violates the GDPR". That's a pretty clear indication of what's wrong.