Employer duties

When does another country's legislation bind us?

There are three routes. The first is a rule reaching beyond its own country: an organisation offering services to people in the European Union is bound by GDPR too. The second is contract: a customer imposes their country's requirement on you by agreement. The third is market access: a product sold in a country must meet that country's product rules.

Three routes

  1. A rule that reaches outward. Some rules cover activity directed at people in their own country wherever that activity is carried out. Personal data is the best-known example.
  2. Contract. A customer writes their own legislation's or group policy's requirements into the agreement; from that moment the requirement binds you — foreign in origin, local as a duty.
  3. Market access. Where a product or service will be offered in another country, that country's product safety and conformity requirements apply.

How it is separated in the register

A foreign-sourced requirement enters the register with its source and route written down. “GDPR applies to us too” is misleading on its own; unless the activity that makes it apply is recorded, the line stays in the register forever after that activity ends.

Where they conflict

If two countries' requirements conflict, the rule is simple: apply the stricter one — meeting both is usually possible. A conflict that genuinely cannot be met is a legal question and is not closed by an engineering decision.

A common mistake

Using a foreign standard as though it replaced national legislation. Complying with an international standard does not remove a national duty; both are met separately.

How this stands in Optifora

The product records which country a rule is tied to and whether it is that country's own rule or one reaching in from outside; the screen shows the two with their reason rather than side by side.

Manage this in Optifora

Optifora is not a single program but a compliance platform assembled from modules. The catalogue states which module is ready today and which is on the roadmap.

See what Optifora is