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Do European laws apply to me in the USA?
Hypothetically. I have a company right here in the USA. Our blood runs red white and blue. We do not have or want any offices in Europe - though we do have customers in Europe and we ship to Europe.
We collect a great deal of data on our customers - what they bought, what they browse, every address they've ever had, every credit card they ever used, yada-yada. We basically throw nothing away.
European privacy law would say "I can't do that" - I must purge data I no longer need or that's obsolete. It also says I can't sell that database to other people, particularly not other Americans, since they are outside the EU.
That's a complicated legal question, but I want to ask a simple one:
As an AMERICAN company, can I just completely blow off European laws if my actions occur right here in America?
Or do I have to comply with European law only insofar as it affects European residents?
Or do I have to apply "lowest common denominator" and apply stringent European standards to all my customers (or refuse business from Europe)?
Is it even possible for a European to sue me?
D S, it seems to bother you so let me clarify. Rest assured - I'm on your side. I asked the question upside-down so I can get a more on-point answer.
America doesn't take privacy very seriously (we care more about free speech). Laws haven't caught up to modern sensibilities. I want to see if a company can say "Hey, EU laws are tougher and we have to comply with those too."
4 Answers
- D SLv 71 decade agoFavorite Answer
If you do not obey the EU law that protects EU consumers, you can be banned from operating in the EU.
If your business has harmed an EU consumer, then he can take you to court in the EU and seize any assets you might have in the EU.
Only if you have done a crime will the prosecution come to the US and ask the US courts for assistance, which they often grant.
Please stop collecting private data to sell it on, it is rude and not in the interest of your clients, the consumers. In addition it is against the law.
- BruceNLv 71 decade ago
There are treaties which answer these questions. If you have no physical presence and only ship occasionally there, then treaties probably absolve you from most of their laws.
If you establish a substantial physical presence over there, then you are fully responsible for their laws. Storing product in a warehouse or hiring a traveling salesman may or may not give you presence.
You can still be sued, or charged for violations of their laws (for instance if you shipped something legal here but illegal there, or a product blows up and injures someone). But unless they sue you here, for a violation that would also be a violation here, they will have difficulty enforcing any judgment unless there is a treaty or contract requiring you to comply.
But note that your banking agreement may contain fine print that requires you to comply with certain laws in order to accept credit cards or bank drafts from them.
If you do more than occasional business, hire a lawyer.
- 1 decade ago
the only way u can blow off the overseas law is by not selling overseas if u do u are required by law to abid by there laws for witch country u are doing bus. in. if they require u to purge data then u must or sell somewhere that does not require that. just because u r based in the usa does not give u a right to blow off other countries laws, u have to abide buy international law. hope this helps, i know it sucks but if caught u will be closed down
- rewertsLv 45 years ago
One could no longer then be a Christian. Christians don't seem to be within the flesh however within the Spirit Romans eight: nine, a million Corinthians 12: thirteen and Romans 6: three-four They who don't seem to be within the Spirit who're below the legislation to whom the legislation used to be given shall be below the legislation so long as they reside. They to whom the legislation used to be given, via the hand of a mediator to Moses, have been enjoined to the Covenant of legislation via the blood of calves of goats, See Hebrews nine: 18-20 Anyone who's in Christ who then could preserve the works of the legislation to be justified have fallen from grace Galatians five: a million-five