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Who in the EU has heard of GDPR and will it affect you

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53 minutes ago, burt said:

These rules apply to you, if you run a shop located *anywhere*...if you serve or have served just one EU citizen.

I'm no lawyer but I'm not sure this is true.   As I understand it, the EU or any country for that matter only has the ability to write laws governing their own people...they can't impose laws or rules on the citizens of other countries nor could they enforce them. 

Dan 


Get the latest osC code (the community-supported responsive version - EDGE) here:

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5 minutes ago, MrPhil said:

Can you imagine if even a small percentage of people in the EU suddenly demand that all their forum/blog posts, reviews, endorsements, tweets, etc. be immediately deleted? It will be chaos, but the GDPR says they can. Can you imagine having to ask people for permission to pass their shipping address on to the Post Office or shipping company? The intent (to protect privacy) is noble, but the execution is seriously flawed. It's one thing to implement reasonable data protection and privacy rules, but the GDPR goes beyond the Pale.

If someone in the EU buys from me, and the bureaucrats get their panties tied in a knot because I'm not following the GDPR to the letter, tough shit. I'll implement reasonable practices and guidelines, but nothing beyond that. What are they going to do, request that the US government arrest me and send me to Brussels to be hanged? Maybe that much howling, derisive laughter will do us good on this side of the Pond.

Hot damn, you're my new Hero :)

As we in the UK have found out...the majority want nothing to do with Brussels.


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3 minutes ago, Dan Cole said:

I'm no lawyer but I'm not sure this is true.   As I understand it, the EU or any country for that matter only has the ability to write laws governing their own people...they can't impose laws or rules on the citizens of other countries nor could they enforce them. 

Dan 

Yes they can and they already did. Take a look at the VAT Rules if you sell digital services or digital goods into EU. You would have to register with one EU Country for VAT Moss and report for every tax rate on every eu country how much vat you added while selling to a eu customer.

Sure, what the EU can do regarding non EU business not doing as regulated by EU is limited.

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12 minutes ago, Dan Cole said:

I'm no lawyer but I'm not sure this is true.   As I understand it, the EU or any country for that matter only has the ability to write laws governing their own people...they can't impose laws or rules on the citizens of other countries nor could they enforce them. 

Dan 

It's true Dan.  

https://www.forbes.com/sites/forbestechcouncil/2017/12/04/yes-the-gdpr-will-affect-your-u-s-based-business/#607bdeae6ff2

The link also clearly states that my previous post is incorrect. 
f some random french guy buys from you while he is outside the EU, GDPR does not apply. 
I guess:  collect the IP address to prove it.

Quote

Accepting currency of that country and having a domain suffix -- say a U.S. website that can be reached with a .nl  from the Netherlands -- would certainly seal the case.

That is super interesting.  Do you accept Euro or GBP on your site(s) ?  Yikes.

Quote

This can get more complicated when a customer signs up for a service or buys something. The vendor will need to obtain explicit permission for each type of processing done on the personal data (i.e., email promotions or sharing with third-party affiliates will have separate checkboxes).

Sounds like a separate checkbox needed for all external stuff;

[ ] can we mailchimp you
[ ] can we use Paypal
[ ] can we Maxmind
[ ] can we blah blah

Edited by burt

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9 minutes ago, MrPhil said:

Can you imagine if even a small percentage of people in the EU suddenly demand that all their forum/blog posts, reviews, endorsements, tweets, etc. be immediately deleted? It will be chaos, but the GDPR says they can. Can you imagine having to ask people for permission to pass their shipping address on to the Post Office or shipping company? The intent (to protect privacy) is noble, but the execution is seriously flawed. It's one thing to implement reasonable data protection and privacy rules, but the GDPR goes beyond the Pale.

maybe that is what we eu citizens should do. use the system and request data 24/7 until it becomes clear that it is stupid :)

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1 minute ago, Stephan Gebbers said:

maybe that is what we eu citizens should do. use the system and request data 24/7 until it becomes clear that it is stupid :)

I can tell you now, that I will be causing so much trouble to every site I ever signed up to...

Maybe we all should ?


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IF YOU MAKE A POST REQUESTING HELP...please state the exact version
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6 hours ago, burt said:

It would be really cool if you emailed these two companies, asking for their advice...
When/if you get a reply post it back to this thread...

I *guess* you will need to have extra tickboxes asking for customers permission to send some details to maxmind/fraudlabs.
What customer details are sent?  I have never used either of these, so I don't know...

i just contacted maxmind with a request how they are prepared for GDPR (DSGVO in Germany). They are on it and plan to be ready in Q1 they say. And if i have any specific questions i can send my questions to their support.

 

Edited by Stephan Gebbers

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12 minutes ago, burt said:

It's true Dan.  

I'm not convinced....I would love to see an article addressing the legal aspects of it, especially one written by an authority outside the EU.  Fortunately I don't sell of ship anything outside of Canada or the US so I don't have to worry about it.

Dan


Get the latest osC code (the community-supported responsive version - EDGE) here:

EDGE:  Gold + Extra Commits such as bugfixes:
https://github.com/gburton/osCommerce-234-bootstrap/archive/master.zip

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1 hour ago, burt said:

I can tell you now, that I will be causing so much trouble to every site I ever signed up to...

Maybe we all should ?

Gary. If you emailed every one of them and they all asked for proof of your identity before they will let you know you would regret contacting them all. It would also waste your time.


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I did a little more research and it looks like there is an agreement between the EU and US which might account for the EUs over reach on this.  I also noted that the US has complicated matters further but imposing obligations and sanctions for failing to preserve certain electronic data.  Looks like this is getting to be a fairly complicated issue and it'll be interesting to see how this all plays out.   

https://www.inta.org/Advocacy/Documents/2017/Article - Compliance with the EU_S General Data Protection Regulation and US Discovery Law.pdf

Dan

Edited by Dan Cole
link added.

Get the latest osC code (the community-supported responsive version - EDGE) here:

EDGE:  Gold + Extra Commits such as bugfixes:
https://github.com/gburton/osCommerce-234-bootstrap/archive/master.zip

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From the webinar I took part in, it seems that you need to get explicit consent to store the data. When getting that consent you have to link to your privacy policy which should detail what you will do with that data once you have it, and how you will protect it. You don't need to ask for consent every time as they have already agreed to how you use it.

One idea that was agreed that could eliminate some confusion for customers is to have pop up boxes when a customers clicks on say the email box when creating an account with a short bit of text as to why you need to give that information.The box would then disappear when  they start typing assuming that they read it. What was stressed as being very important was storing the date that consent was given, which oscommerce could do as it records the date that the account was created. As long as there is a checkbox on that page then all should be fine.

There will be a lot more confusion to come yet. It will be good to see what some of the larger websites do.


REMEMBER BACKUP, BACKUP AND BACKUP

 

Find information about the bootstrap community version here

 

Make it idiot proof and someone will make a better idiot.

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12 hours ago, 14steve14 said:

Gary. If you emailed every one of them and they all asked for proof of your identity before they will let you know you would regret contacting them all. It would also waste your time.

It was a bit tongue-in-cheek.  Although I do get a lot of spam mail from one particular place I signed up to, so hopefully I can stop that.


This is a signature that appears on all my posts.  
IF YOU MAKE A POST REQUESTING HELP...please state the exact version
of osCommerce that you are using. THANKS

 
Get the latest current code (community-supported responsive 2.3.4.1BS Edge) here

 

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