Subscribe via RSS Feed Connect on Google Plus Connect on Flickr

The Unintended Consequences of the GDPR

Thursday, 17 May, 2018

The blogger Yeats, as opposed to the poet Yeats, might say that the “rough beast” of the GDPR (General Data Protection Regulation), “its hour come round at last,” slouches towards us to be born on 25 May. For Rainy Day, which runs on WordPress 4.9.5, this will have implications. Our hosting service, WP Engine, had this to say earlier today:

“With WordPress 4.9.6 coming this week, we will be seeing a few new features built around GDPR compliance. This release is different in that it is introducing new features in a Maintenance/Security update, and that it applies only to websites already running WordPress 4.9 and higher. While this is atypical of a release, it is important to include these new features because they provide an essential toolkit for handling GDPR compliance. We have weighed the risk in introducing these new features and since they are not manipulating or impacting existing WordPress features, we feel that this release is not only safe but also important in enabling you to make your site GDPR compliant.”

The Law of Unintended Consequences lays out three outcomes: Unexpected Benefit, Unexpected Drawback or Perverse Result. Which one the will the GDPR deliver? Well, the reality is that the EU can only enforce the GDPR against entities that do business in the EU. Any website hosted outside the EU doesn’t have to comply with the GDPR and the EU cannot compel China, say, to accept its notion of privacy. Companies that want to keep tracking users will either ban EU customers and visitors, or move outside the EU and do business elesewhere.

And, if a company’s servers are in the US and if it doesn’t have any EU assets, it can keep tracking EU visitors. Brussels can’t do anything about this because US courts are not going to uphold EU law against US citizens who have not broken US law. In other words, because the web is worldwide, one consequence of the GDPR will be the creation of a false sense of privacy.


Filed in: EU, Technology • Tags: , , , ,

Comments are closed.