As far as I understand, Emirates is risking big fines if they they don't fix this by May 25.
As far as I understand, Emirates is risking big fines if they they don't fix this by May 25.
How someone gets a hold of you to enforce any action against you is a different matter. But Emirates kind of needs to come to the EU sometimes to do its business there.
That would be fairly hard to enforce against a company that doesn't have a physical or legal presence in the EU.
In general, I'm disturbed by governments trying to enforce laws beyond their border just because their citizens are somehow involved by sending information over the internet. In some fields, it's a legal minefield just to comply with the rules of one country, much less several. This won't be a major difficulty for big players with high-paid lawyers and compliance departments, but it could easily kill startups, some before they're even launched.
Isn't it simple enough to geoblock areas if European customers are somehow too hard to serve?
> In some fields, it's a legal minefield just to comply with the rules of one country, much less several. This won't be a major difficulty for big players with high-paid lawyers and compliance departments, but it could easily kill startups, some before they're even launched.
As the topic is GDPR: a privacy first approach is not rocket science. I'm sure any startup with even the remotest chance of success can follow the basic principles without undue complications.
While I agree that startups should be respectful of privacy, that doesn't change the principle at work here. Allowing countries to enforce laws against companies that don't have a physical or legal presence within their borders is a dangerous mechanism. Introducing a dangerous mechanism to enforce a good policy will result in that mechanism being used for a bad policy later on.
They have assets (and even more, they want to land in EU airports) in the EU so yes the EU can force them to comply even if they don't want to.
The GDPR is yet another regulation that adds a lot of liability with the risk of huge fines for a foreign company. And while no regulation in itself is ever going to be enough of reason, it's the plethora of regulations that is, and the more it grows, the more companies will feel it reached the tipping point for them, which may result in either withdrawal or refusal to serve the EU market. If this proves true, EU citizens should expect to see a lot more of "We're sorry, this service is not available in your country" messages. And it's already pretty bad from what I've heard.
Note: I'm not saying Emirates will pull out because of this, they won't. I'm also NOT against the GDPR and I totally understand the need, I just wish it would be regulated on a more universal level. Same with copyright regulations.
What could be a more universal level than EU that could actually enforce something like GDPR? US is rather anti-privacy these days, which I found interesting as they are extremely individualistic at the same time. The only even remotely suitable body is WTO, and that won't happen.
Again, I do not want to paint an overly bleak picture - and I do support regulations like this one - but my feeling is that, due to the lack of a universal solution, this GDPR won't have a better fate than the current copyright regulations: beneficial for some, but at the cost of more internet fragmentation and discrimination. It's almost like lawmakers consistently forget that the internet doesn't stop at borders.
To repeat myself: I'm [also] NOT against the GDPR and I totally understand the need, I just wish it would be regulated on a more universal level.