Ask HN: Does using a European VPN grant me GDPR rights?

3 points·crankylinuxuser··5 comments

Sites may treat you like you're European, however it's my understanding that the GDPR applies only to EU Residents that are physically in the EU at the time.

I think that would also mean that if you were in the EU and an EU resident, while using a US VPN, you'd get GDPR protection, but not the other way.

GDPR applies to:

1. All companies domiciled in the EU regardless of where their customers are.

2. All companies serving or monitoring EU residents regardless of where they are domiciled.

Answer to OP:

Yes it does. See above.

Your answer doesn't make sense. A US citizen does not get GDPR rights from a US company even if they use a EU VPN by your two rules, so I'm not sure why your conclusion is "yes"?

Side note: GDPR applies to all EU citizens no matter where they are currently located, so no need (for EU citizen) to use VPN when abroad for that reason.

This will all be decided in courts but I believe you are both wrong.

https://ec.europa.eu/info/law/law-topic/data-protection/refo...

You don’t have to be a citizen to get protected you do have to be in the EU. Even if you are traveling in the EU but don’t reside there you aren’t necessarily covered.

In no situation does a vpn give you applicability.

The question was does using a EU VPN grant GDPR rights and the answer is yes. The EU VPN provider must grant you GDPR rights.

Article(3) of the GDPR states clearly where the GDPR applies. There is zero mentions of EU citizenship anywhere in the GDPR, and being an EU citizen who is not an EU resident entitles you to no GDPR rights. Again, read Article(3).

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