Timeline for Will Stack Exchange EU terms still apply to Britain now that BREXIT has finished?
Current License: CC BY-SA 4.0
12 events
| when toggle format | what | by | license | comment | |
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| Feb 15, 2020 at 0:04 | history | edited | user4657 | CC BY-SA 4.0 |
Clarity.
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| Feb 12, 2020 at 22:09 | vote | accept | Daemon Beast | ||
| Feb 7, 2020 at 15:56 | comment | added | phoog | Let us continue this discussion in chat. | |
| Feb 7, 2020 at 15:48 | comment | added | RedGrittyBrick | @phoog, Noted. I suppose the upshot is that anything SE labels as "EU terms" obviously does not apply to the UK (not an EU member) but that UK law still applies regardless of what SE says anywhere. UK law likely incorporates most or many aspects that were previously covered by EU law (regulations, directives, etc). I.E your answer is good but quaraque's comment re "EU regulations" is not a good guide to what is legal in UK. But maybe I am reading it all too literally. EU regs don't apply directly outside EU but UK has incorporated most into UK law, so they do apply. Kinda. | |
| Feb 7, 2020 at 15:36 | comment | added | phoog | @RedGrittyBrick I also note that the absence of criminal penalties in the GDPR probably does not prohibit individual countries from imposing criminal penalties in addition. In fact, Article 84 requires individual countries to prescribe penalties for infringements that are not explicitly subject to administrative fines by the regulation itself, so in that respect it creates a requirement similar to a directive. It does not specify whether those penalties should be criminal, which means that optionally they may be. | |
| Feb 7, 2020 at 15:34 | comment | added | phoog | @RedGrittyBrick good question. I don't have much time right now, but looking at the DPA link, I suspect it's because of the Law Enforcement Directive aspect of the act (which, being a directive, is required to be transposed into UK law, and which, from its name, seems more likely to carry criminal penalties). Most of the comments on this page have assumed that the TOS age restriction is due solely to the GDPR, but there's no real evidence of that in the TOS or elsewhere, so it could in fact also be based in part on some other EU law that does impose criminal penalties. | |
| Feb 7, 2020 at 15:26 | comment | added | RedGrittyBrick | Oops, mistakenly tried to edit wrong thing. Explicit wording in Withdrawal Acts 2018 and 2020 and Data Protection Act 2018 - Criminal Offences suggest many or most EU Regulations and Directives are now explicitly made part of UK law and that matters covered by GDPR may be part of criminal law (not sure about this without reading whole thing but if not, why mentioned under Criminal Offences?). | |
| Feb 7, 2020 at 13:49 | comment | added | phoog | @RedGrittyBrick I don't believe there are any criminal penalties for GDPR violations, only civil penalties. The last sentence of your comment confuses directives with regulations. The former are to be transposed into national law, but the latter are directly applicable. The R in GDPR is for "regulation," so it is directly applicable. However, I have heard that there is nonetheless a substantially similar UK law, although I have not looked into it. | |
| Feb 7, 2020 at 13:45 | comment | added | phoog | @quarague I agree with your comment except for the last clause: the wording of the Stack Exchange terms of service has no effect on the application of EU regulations in the UK. | |
| Feb 7, 2020 at 11:19 | comment | added | RedGrittyBrick | @quarague Which EU regulations apply in the UK is defined by UK parliament not by stackexchange. If stackexchange's terms violate UK law then stackexchange's business and staff are likely subject to appropriate legal sanctions and criminal prosecution in the UK. As I understand it, generally EU regulations are incorporated into UK law, becoming part of UK law until UK Parliament changes the law. | |
| Feb 7, 2020 at 8:09 | comment | added | quarague | So essentially, if they had worded the TOS the way they presumably meant them to be, they should include Iceland, Liechtenstein and Norway and similarly cover the UK during the transition period. But they didn't word their TOS properly, so the EU regulations ceased to apply to the UK on February first. | |
| Feb 6, 2020 at 22:02 | history | answered | phoog | CC BY-SA 4.0 |