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What constitutes a European website ? As long as you are not accepting local currency and don't have a registered company in Europe, are you still affected by this ?


The law's not limited to "European websites": If you're making your service available to Europeans, you fall under it.

Of course, the EU can't enforce its laws on you in practice unless you have a local subsidiary (or datacenter, bank accounts, etc)... but it's possible that rightholders may get European ISPs to block offending and non-repentant sites at that level – like ThePirateBay is blocked in countries like Austria and Belgium.


Good question.

I host http://0bin.net/.

I comply to the regular take down notices, but by its very nature, I cannot filter the service since I cannot see what's been pasted.

Would it mean I'll have to move the server outside europe ? Would it mean I'll have to block european IP ?


This doesn't seem to be a for-profit service, so it's outside of the scope of the latest drafts of Article 13 thankfully. As long as you never put ads on it, you're good.


The french draft includes services older than 3 years.

The new proposal that the french are pushing has the following conditions which must ALL be met:

    Available to the public for less than 3 years
    Annual turnover below €10 million
    Fewer than 5 million unique monthly visitors


Another provision of the article limits its scope to services that "organise and promote" user-posted/uploaded content "for profit-making purposes".

The 3 criteria you quoted then further narrow which of the services matching the above provision need to deploy upload filters.

Come to think of it, the pastebin-like site is actually already excluded by the "organise and promote" criterium, regardless of whether it's profit-oriented or not.


> As long as you never put ads on it, you're good.

Nonprofit doesn't mean it can't make money.


I'm not sure this service qualifies. It's not browsable, so it's arguably more like a cloud storage service, which are explicitly exempt.


>Would it mean I'll have to move the server outside europe ?

Perhaps ?

>Would it mean I'll have to block european IP ?

Not really ? They can block you if they want (similar to how DMCA works). That gets into general censorship territory though, for which people are looking into other solutions for far more oppressive regimes than the EU. See signal in Iran, domain fronting etc.

As for currency exchange, this may be the killer app for cryptos ?


Well, from a practical perspective, if you have no operations in or other ties to a country, you are not subject to their laws.

US-centric sites ignoring GDPR compliance would be one such example.


By operation, do you mean a legal one, a financial one or a technical one ?


Probably the first two only. Financial and legal are within reach while technical requires a draconian solutions if you aren't paying anyone to carry your content or doing something home country illegal like hacking EU servers.

You can say, insult the king of Thailand all day every day on the internet and if you have no legal or financial ties you are safe.




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