software gdpr
As a web and mobile (iOS and Android) developer, how do I discover if GDPR applies to a user?
<p>This is a really basic question about GDPR.</p>

<p>If I have products that are intended only for US customers, but can be accessed by European Union residents, does GDPR apply?</p>

<p>More specific example:</p>

<p>A customer downloads my app through the iOS US App Store, but the customer is a resident of France. Does GDPR apply?</p>

<p>Am I obliged to inspect the iOS locale or geo-locate or ask the customer?</p>

<p>I found a well-done blog post on this topic here:</p>

<p><a href="https://www.socalinternetlawyer.com/territorial-scope-gdpr/" rel="nofollow noreferrer">https://www.socalinternetlawyer.com/territorial-scope-gdpr/</a></p>

<p>Since the GDPR text is fairly ambiguous, as this blog post notes, determination of territorial scope requires an interpretation that may be different among reasonable people - so your mileage may vary.</p>

<p>The most salient text of this post is this (but the whole post is worth reading):</p>

<blockquote>
  <ul>
  <li>Is the language of an EU Member State used if it is different from the companies language?</li>
  <li>Does the website or app offer payment options in the currency of the    EU and country in question?</li>
  <li>Does the website appear on a country-specific domain associated with the EU such as .uk?</li>
  <li>Is language on the site or app directed at an audience of a country in the EU?</li>
  <li>Does the company use advertising targeting an audience in the EU?</li>
  <li>Does the company offer customer support phone numbers to an international audience?</li>
  </ul>
  
  <p>If a commercial website meets none of these standards and has a few
  incidental sales to people in the EU over the years or has a few
  EU-specific email address on its mailing list, it is difficult to see
  a court requiring GDPR compliance.</p>
</blockquote>

<p>For me, with respect to my specific question, it seems that a fair extrapolation of this guidance is that GDPR applies if you expressly make your software available to any country in the EU.</p>

<p>For iOS, this would mean making your software available in EU App Stores - denoted by marking your app as available in an EU "territory".</p>

<p>But again, this is just my (non-lawyer) interpretation.</p>
