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> European citizen here, and as much as i welcome a step like this, it's also pretty interesting to see, what this means for smaller (online) businesses outside of europe.

I'm not sure if it means anything for them. If a company does not have a business presence in the EU, it likely isn't subject to EU jurisdiction at all. This case happened because Facebook is a multinational company with a European subsidiary in Ireland and was sued before the Irish courts. Companies that may be affected by this are:

* Multinationals that exchange personal data between their US and their EU branches.

* Companies in the EU that are in a business relationship with companies in the US and as part of that business relationship send personal data to the US.

* Companies in the EU that avail themselves of US data centers and store personal data in those data centers.




You're forgetting an important group:

Non-European companies that get paid for services rendered to EU citizens or countries.

If found to be violating laws, the ECJ can order banks to block payments made to those companies from within the EU, which harms their bottom lines between nothing and a lot.


Under article 4 of the Data Protection Directive, such companies should not be subject to its jurisdiction unless they have an establishment or equipment in an EU member state where they carry out data processing operations.


> was sued before the Irish courts

Actually they were sued before the European courts. Specially the European Court of Justice, which is in Luxembourg. I don't believe there was any case in the Irish courts.


The EU is not a state and therefore typically you cannot directly sue in its courts.

In most cases (such as this) a national court refers the case to a european level if european directives and interests are involved.

Fun fact: the EU commission/parliament has also not the power to pass any binding laws. They pass directives which are than implemented into national laws by the legislative bodies of it's member states and can also be overthrown by courts of each state individually (e.g. happened in germany with EU data preservation directives)


Even funnier fact: the EU has largely moved to regulations, which are binding without having to be implemented in national law.


The case was referred to the ECJ by the Irish High Court, which sought a preliminary ruling.


Did you even just skim the article? Besides, you cannot sue before the ECJ, only appeal to it.




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