Tag: EU

EU Copyright Directive and The Decentralized Web

Article 13 makes it official. It's time to embrace decentralization by Ben WerdmüllerBen Werdmüller (Ben Werdmüller)

European directives leave it up to the member states to implement. The resulting legislation in the Netherlands will necessarily look different to Germany, and so on. While each of these nations could expand upon the directive and make it even more far-reaching, it's fair to assume that it will probably be retained.

 

All of which means that peer-to-peer decentralized social networks are exempt, if you're hosting your profile yourself. Nobody on the indie web is going to need to implement upload filters. Similarly, nobody on the federated social web, or using decentralized apps, will either. In these architectures, there are no service providers that store or provide access to large amounts of work. It's in the ether, being hosted from individual servers, which could sit in datacenters or could sit in your living room.

 

While the internet economy has been dominated by services that leverage network effects to date, this directive is one way that monolithic networks have changed from an asset into a liability. Because the cumulative value in a network is owned by a single party, that party becomes subject to enormous rules and regulations over time. The network effects are enjoyed by everyone, but owned by one company. Instead, it's better to create a system where the network effects are both enjoyed and owned by everyone.

I stopped directly uploading my content to Facebook and Google some time ago. I have never uploaded original content to YouTube.

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Policing Each Other

The genius of GDPR is that it forces companies to police each other – Quartz

It’s the large data controllers—the companies responsible for safeguarding the data—who will drive enforcement by requiring that their data processors become compliant and cutting them off if they don’t, McGarr notes. Under GDPR, small companies not only face the financial stress of being compliant, but they will now find themselves competing with their peers for the business of large corporations based on how compliant they are. “Short term, this is a shocking competitive advantage,” said McGarr.

Aaron Tantleff, a cybersecurity expert at law firm Foley & Lardner, said: “Clearly, the drafters of the GDPR realized that by wielding such a large stick, they would be able to force companies into compliance out of fear.”

“Those who are thinking about misbehaving will find themselves with greater liability under the GDPR,” Tantleff said. “Despite the under-funded or under-resourced nature of the supervisory authorities, I do not see those entities letting companies skate by.”

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Does GDPR apply to EU citizens in the United States?

Does GDPR apply to EU citizens in the United States by GDPR News

If they deal with a business or organization in one of the non-EU countries they may be in, any personal data they provide is not covered by the GDPR rules, as they are not located within the EU at the time. It is not the citizenship of the person that is important, but where they are situated.

Looking at another example helps to further illustrate who the GDPR applies to. A US citizen is temporarily residing or travelling in France, which is an EU country. They make a purchase from a local store and provide personal information during the transaction. This personal information is covered by GDPR as the person is located within the EU as the purchase takes place.

From these examples you can see that the personal data of an EU citizen residing in the US, for example, would be dealt with according to individual data protection laws within the US and would not be subject to GDPR compliance, whereas the personal data of a US citizen residing in the EU would be subject to GDPR regulations.

Short answer. It depends but ordinarily ... NO! IANAL but the information in this Compliance Junction article seems legit. Two staff members from Pivoti covered PCI DSS and GDPR at last nights ( and at times contentious) GDPR and Privacy Event of the New Jersey Chapter of the ISC2. So ... hey Europeans. If you…

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