As part of an adjustment to its terms of use, Facebook transfers responsibility to all users outside the United States. United States, Canada and the EU from their international headquarters in Ireland to their main offices in California. This means that these users are now on a site subject to US law. UU in place of Irish law.
The measure will enter into force shortly before the entry into force of the General Data Protection Regulation (DSGVO) in Europe on 25 May. Facebook is liable under DSGVO for fines of up to 4% of its total bill, approximately $ 1,600 million if it violates the new privacy policy.
The change underlines the cautious phraseology that Facebook has applied to its promises to the DSGVO. When asked whether his company could guarantee its users around the world a protection of the GDPV, Zuckerberg refused. "We're always on the lookout for details, but it should be directional, in the head, everything," he said.
A week later, at their congressional hearings, Zuckerberg again asked if he had promised that the DSGVO protection provisions would apply to all Facebook users. His answer was yes, but he only referred to the "controls" of the GDPR instead of the "protective measures". All over the world, Facebook must allow users to exercise their rights under the GDPR, such as downloading and deleting data, and those of the company are also universal.
Facebook told Reuters that "we apply the same privacy policy anywhere, whether your agreement is with Facebook Inc. or Facebook Ireland". He said the change was only "because EU legislation requires a specific language" in the mandatory privacy notices, contrary to US law.
In a statement to The Guardian, he added, "We have made it clear that we offer everyone who uses Facebook the same protection, control and privacy settings, no matter where they live." These updates do not change that. "
Data protection researcher Lukasz Olejnik disagreed, saying that the change had far-reaching consequences for the users concerned. "Moving one and a half million users into other jurisdictions is not just a copy and paste exercise," he said.
"This is a significant and unprecedented change in the privacy landscape, and the change will entail the reduction of confidentiality guarantees and user rights, with a number of consequences, in particular for you, losing some existing rights as US standards are lower than those in Europe applicable.
"The data protection authorities of the relevant user countries, such as New Zealand and Australia, may want to reassess this situation and analyze the situation, even if their data protection authorities are slower than in Europe.
The event gives you the opportunity to act, even though we do not know how much you will vote for, the landscape of global privacy regulation is changing and the countries of the world are perfecting their approach, Europe is clearly at its peak this competition, but we should expect other countries to catch up. "
Facebook also said the change has no tax implications. This means that users will exist in a legal overlap area: for tax reasons, Facebook will continue to post its revenue through the Irish office of Facebook, but to protect privacy, they will look after their California headquarters.
The company follows other US multinational companies in transition. For example, LinkedIn will be moving its own users from the EU to its US office. UU May 8 "We simply simplify the location of the contract to make sure that all members understand the LinkedIn unit that is responsible for their personal information.
Source: the Guardian
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