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Californians will be able to delete all personal online data with first-in-US law
(www.theguardian.com)
this post was submitted on 11 Oct 2023
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Privacy
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So what about data brokers not in the state, or even in the US? CA brokers could just reincorporate in another state, no? That is, the ones not incorporated in Delaware like many US companies.
Most of the big tech data barons are incorporated in California, and its not an easy thing to "up and move" corporations with 100s of billions of assests.
It will be easier, much easier, for them to comply, especially as seeing Delaware is also a liberal state, and very well may pass the same law at some point.
Can they just move the assets out to some random far-away jurisdiction? Say "we collect the data, but we actually sell it to this company in Panama and they have it, so we can't give it to you".
Ah yes, the old parent company with a sole employee and it's address is a basement in a country where the laws they want to avoid don't apply.
Texas
They could make it mandatory to store Californians' personal data in California. I think that's what EU requires? Then they can threaten them with closing their business in California if they don't comply.
the full sentence you’re quoting is
i’m not a lawyer, but it seems to me that it’s saying the new bill would require data brokers to register with the CPPA in order to operate in california (regardless of where the companies are based). then, this registration process would force them to comply with the “delete their data through a single page” process (or pay a fine).
the rest of this article seems to support this interpretation.
The way laws usually work is (gross oversimplification):-
Different state, same country - they have to follow this rule when dealing with customers from California.
Different country - they can break the law, but then California / US can sanction them (i.e. no US-based company can directly do business with them)
There are workarounds to both but 99% of companies will just comply, at least on paper.