Episode 81 – GDPR Outside of Europe

There was a question in the WordPress for Photographers group on Facebook asking about adding a GDPR consent even if a photography business is not in Europe.

Do I need a cookie consent/opt out pop up on my page for first time visitors? My business is in the US but some times get EU visitors on my page.
Do I need a cookie consent/opt out pop up on my page for first time visitors? My business is in the US but some times get EU visitors on my page.

Although there is a lot of content on the Internet about it, much of it is skewed. So we're simplifying it for all photographers everywhere.

Transcription:

Transcription was done by Temi.com which means it's an AI generated transcript. The transcript may contain spelling, grammar and other errors, and is not a substitute for watching the video.

Welcome to episode 81 my name is Scott Wyden Kivowitz. And today I want to answer another question from you, the listeners of this podcast. As you know, quite often we pay attention to conversations happening in, uh, around, on Facebook and on Twitter and everywhere. And we also ask you what you want to learn about in the podcast. And that's what I'm doing today. So today's episode, I'm answering question, which was do I need cookie consent or opt out pop up on my page for the first time visitors. Now my business is in the u s but sometimes I get EU visitors on my page. GDPR is a law that was passed in, in the EU and it is something that, um, uh, it's worth addressing. This is something that Imagely has researched quite heavily since this came out since this was announced and since it was approved and, and, and whatnot.

And, uh, you might notice that at Imagely we actually do not have any GDPR consent on the website. That's not to say we don't respect people's privacy because if somebody does want their account removed there, their email address removed from our database or anything like that, we will respect it. We also won't share people's contact information because that's also a privacy issue. However, the laws do not require us at Imagely to do it. It's, I want to talk a little bit about that. You were s businesses. United States businesses are not bound by the EU laws. However, many businesses do still follow Gdpr just out of respect for their clients, their customers. Now, that doesn't mean that every business that follows these laws put the pop up on their site that notice on their site for consent, but it does mean that they were all respect the actions that are placed by their customers.

Just like what we're doing and Imagely. Now, large companies have physical operations in the EU do have to follow the Gdpr laws. That's companies like Google and and whatnot that have these major facilities. Now you as a small business, if you have a physical operation, the United States and a physical operation in the EU, you probably should be following GDPR consents as well. And I, what I mean by that is actually putting the consent notice on your website. Now, I just want to point out that when you start reading things about Gdpr Online, um, you're gonna see a lot of articles that we'll assume that majority of US businesses have to follow these guidelines. It's not true if you are outside of the EU, then you do not legally have to put consent notice on your website, even if your customers are in the EU. For example, if you're a destination wedding photographer, but you're based in the United States, you only have a physical location, the United States, but you do a lot of destination weddings in the EU. You do not have to put a Gdpr consent on your website legally. You might want to do that out of courtesy if you do that much business in the EU, but it's completely up to you. That is the GDPR law of how it relates to you. Summed up in what was that? Two three minutes. Thank you for listening to this episode or watching this episode and I'll see you in the next one.

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