I’m not sure if this is true in all the cases, because a physical person can also have PI resources and then a personal email in the database.
There is one more point, which I’m discussing with the Spanish DPA in the constitutional court, and it is the classification between personal and company emails, when they have your name and family name, you use it for personal matters (even if the domain is from a company – example, you can have separate emails for business and personal, bus using the same domain), and if the collection of data was authorized or not, and if it was just data collection or also spam.
Is not easy. In Spain, the spam (even with business emails) is not allowed according to a further law (LSSI). I guess it varies from country to country.
Anyway, I think it has been said a few days ago, harvesting the databases for spam is against the AUP.
A good summary Sabri.
One of the points that has not been addressed (fully) is the fact that the mailing went out to 'role accounts' which are normally company accounts (if some used a personal email address for that, than this will have suddenly become a business email address), so GDPR applicability would be remote, if at all.
Alex (LL.M)
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IDGARA | Alex de Joode | alex@idgara.nl | +31651108221 | Skype:adejoode
On Tue, 12-05-2020 21h 12min, Sabri Berisha <sabri@cluecentral.net> wrote:
----- On May 12, 2020, at 4:51 AM, Töma Gavrichenkov <ximaera@gmail.com> wrote:
Peace,
On Tue, May 12, 2020 at 1:29 PM Arash Naderpour
<arash.naderpour@gmail.com> wrote:
EU laws are for EU
Perhaps sadly for some, but this is not how it works. EU laws protect
EU citizens wherever they are, or the EU citizens' personal and
sensitive data wherever it is accessed, processed, or stored.
Perhaps sadly for some, but this is not how it works.
First of all, there is the requirement for the non-EU company to intentionally provide goods or services to the EU. That can be found in article 3(2)a.
This means that, per EU rules, the GDPR will not apply to the mom&pop ice cream shop in San Francisco that takes online orders from a EU citizen that happens to be visiting the U.S. The GDPR only affects companies (in or outside the EU) that market to EU citizens or territories.
Second, and most important, for a law to protect it must be enforceable. For a law to be enforceable, a court must be able to issue a judgement, and that judgement must be executable.
EU judgements based on the GDPR are not necessarily enforceable outside the EU, at least not in the U.S. Treaties must be in place, and a good example is the Hague Convention on Foreign Judgments in Civil and Commercial Matters.
In the U.S., foreign judgements are enforceable if they comply with the Uniform Foreign Money Judgments Recognition Act. This law specifies that a judgement may not be recognized if the foreign court did not have "personal jurisdiction" on the U.S. entity. If that entity does not have a physical presence in the EU, establishing the foreign court’s personal jurisdiction will be very difficult if not impossible.
But, for folks that did not go to law school, here is a simpler explanation: https://www.youtube.com/watch?v=CD2FlW79PfU :-)