throw_a_grenade 2 days ago

> Where is the HQ of the company?

If outside EU, then they need to accept EU jurisdiction and notify who is representative plenipotentiary (== can make decisions and take liability on behalf of the company).

> Where does the company operate?

Geography mostly doesn't matter as long as they interact with EU people. Because people are more important.

> What country is the individual user in?

Any EU (or EEA) country.

> What country do the servers and data reside in?

Again, doesn't matter, because people > servers.

It's almost like if bureaucrats who are writing regulations are experienced in writing regulations in such a way they can't be circumvented.

EDIT TO ADD:

From OpenAI privacy policy:

> 1. Data controller

> If you live in the European Economic Area (EEA) or Switzerland, OpenAI Ireland Limited, with its registered office at 1st Floor, The Liffey Trust Centre, 117-126 Sheriff Street Upper, Dublin 1, D01 YC43, Ireland, is the controller and is responsible for the processing of your Personal Data as described in this Privacy Policy.

> If you live in the UK, OpenAI OpCo, LLC, with its registered office at 1960 Bryant Street, San Francisco, California 94110, United States, is the controller and is responsible for the processing of your Personal Data as described in this Privacy Policy.

2
Y_Y 2 days ago

As you astutely note, the company probably has it's "HQ" (for some legal definition of HQ) a mere 30 minutes across Dublin (Luas, walk in rain, bus, more rain) from the Data Protection Commission. It's very likely that whatever big tech data-hoarder you choose has a presence very close to their opposite number in both of these cases.

If it was easier or more cost-effective for these companies not to have a foot in the EU they wouldn't bother, but they do.

chris12321 2 days ago

> It's almost like if bureaucrats who are writing regulations are experienced in writing regulations in such a way they can't be circumvented.

Americans often seem to have the view that lawmakers are bumbling buffoons who just make up laws on the spot with no thought given to loop holes or consequences. That might be how they do it over there, but it's not really how it works here.