this post was submitted on 12 Jan 2024
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On that page you linked, they say “So far, the EU’s reach has not been tested, but no doubt data protection authorities are exploring their options on a case-by-case basis.” So it hasn’t really been tested yet it seems. It’s true that there are extradition treaties and interpol that aid in cross-border prosecution, but that tends to be used primarily when the alleged crime happened in the prosecuting country’s jurisdiction, or the alleged crime is handled similarly in both countries. A GDPR violation by a US company wouldn’t be considered a crime at all in the US, so it’s entirely possible that they might decline to assist in prosecution.
Ok you wound me up now so I had a little scouring of the internet.
Yes, I can not find case law of extradition of US based companies through US entities.
What I can find is a couple of cases against bigger companies that also act in the realm of the EU. Google has been fined in the Netherlands for global violations if I understand correctly. Meta has been fined even a few times for global violations, enforced in Ireland.
So yes, technically enforcement in the US is not guaranteed, but they basically can't build up their company in the EU anymore unless they deal with it. It's not perfect, but violations can still suck for business expansion, and that is good. and then I do have to look into the new EU data privacy laws if they changed enforcement or anything else important.
That makes sense. Companies with no presence in the EU can likely skirt the rules, but any large company with an EU presence will be compelled to follow them.
Yeah
Also genuinely thank you for making me look into this. It's nice to know how it works:D
Glad we both leaned something :)