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Well, "HQ based law" not the case and it's a much larger discussion that doesn't have anything to do with the GDPR or EU.

The USA too is going after foreign companies doing business with Iran or Cuba. The USA is not happy with cryptocurrency ICO's and it's enforcing it. The USA is forcing the world to respect DMCA.

The taxes are also an issue, even within the USA doe to different VAT in different states.

These are topics that have been in discussion since the beginning of the internet and the dust is just settling and the solution is not simple as "You obey to the laws according to the country you're based in". It's a huge huge topic.

Edit: And FYI, many countries do enforce a tax on foreign purchases. For example, Turkey will be forcing American internet giants to charge VAT to its Turkish clients and transfer that VAT to the Turkish government. Countries want to collect taxes, you can't really get away with "I am an American company so I operate tax-free" argument. Politicians will work out an arrangement like "I will make your tax law enforceable on my companies if you let me use your military base and purchase weapons".



You don't have to convince me that the US tramples on the sovereign rights of other countries just because it can.

The tax situation is a good example. Historically, sales tax has not been able to be levied by states against companies just because they have customers in that state. They have to have physical "nexus" in that state as well. There are a number of states trying to do an end run around that right now with "economic nexus", which will probably end up in the Supreme Court at some point.

Many countries try to say that VAT is due, but their ability to enforce is pretty limited. If you run a small business online and you WANT to pay attention to every single global tax jurisdiction and send them whatever tax they say is due, go for it. But if you don't, the practical reality is that there's nothing they can currently do about it.

I do agree that these issues are complicated and that the Internet has thrown a monkey wrench in a LOT of legal precedent in ways that will need to be sorted out.

I just don't think the GDPR is the right framework. Data privacy may be a human right, but so is democratic representation, and having governments all over the world pass laws that they say apply to my company is unjust.

EDIT: looks like economic nexus is being decided now: https://www.journalofaccountancy.com/news/2018/apr/supreme-c...


Let's agree to disagree about GDPR.

Anyway, it boils down to enforceability. EU is a huge entity and probably will be able to enforce the GDPR by forcing payment systems and gatekeepers like Google and Apple that legally operate in the EU not to do business with businesses that do not respect GDPR. Maybe it will be a bargaining point in some trade talks between other countries and the EU and EU will insist that the countries will help with the enforcement of the GDPR in exchange for something that other countries want from the EU.

As long as we don't live in some kind of libertarian anarchy world order, these things will be determined by the politicians.




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