GDPR Question

Author
Discussion

808 Estate

Original Poster:

2,240 posts

98 months

Sunday 9th April 2023
quotequote all
I will shortly be starting work for an American owned and based company. I will be invoived in setting up their UK based service subsidiary. As it is a USA based company and all customer details are held on their USA based servers, will the UK entity (a separate legal company) still be required to register for GDPR?

PistonRings

274 posts

65 months

Sunday 9th April 2023
quotequote all
US companies must comply with the GDPR if they offer goods or services to EU/UK residents.

The subsidiary will need to be compliant.

Traffic

345 posts

37 months

Tuesday 11th April 2023
quotequote all
PistonRings said:
US companies must comply with the GDPR if they offer goods or services to EU/UK residents.

The subsidiary will need to be compliant.
It depends on their interpretation of GDPR... many EU countries don't even follow it or respect many parts of it, or at least their ideas are what counts. So I am a little unsure what if any of it matters for a US company if the governing bodies inside of the EU have little or no understanding themselves?

Sheepshanks

35,039 posts

126 months

Tuesday 11th April 2023
quotequote all
808 Estate said:
....all customer details are held on their USA based servers,
I didn't think that was "allowed" under GDPR (or EU data protection rules/laws).

Are your customers businesses or consumers?

hooters123

738 posts

143 months

Tuesday 11th April 2023
quotequote all
Sheepshanks said:
I didn't think that was "allowed" under GDPR (or EU data protection rules/laws).

Are your customers businesses or consumers?
It is allowed but you need to have appropriate safeguards, GDPR compliant contracts / binding corporate rules etc etc.


Sheepshanks

35,039 posts

126 months

Tuesday 11th April 2023
quotequote all
Whatever happened to the ePrivacy Regulation that was supposed to replace PECR in the UK and take precedence over GDPR if there was a clash - did it ever get enacted?

808 Estate

Original Poster:

2,240 posts

98 months

Tuesday 11th April 2023
quotequote all
Hi and thanks for the information so far. To answer questions, we are talking about business customers, not consumers. Eu based customers have already provided their information to the US based office as that is where global service support is currently located and operated from. Yes, I have been ploughing through the ICO website. I think registration will be needed and might be easier to do that rather than anything else.