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by roel_v 2952 days ago
In many civil law systems, there are limits to contracts. Sometimes these limits are codified, sometimes they're not. Let's take Dutch law here as an example, because well that's what my degree is in. The Dutch civil code has a list of so-called 'black' and 'gray' clauses in terms and conditions; the black ones are always void, the grey ones sometimes (obviously grossly simplifying here, I'm not going to type a paper on a phone). Many catch-all statements are either black or grey, especially when they are designed to absolve one party from their legal obligations. Nobody is saying anything about requiring you to allow EU citizens. What I'm saying is the GP's plan is an obvious scheme to avoid one's legal obligations, and will be treated as such - and hence won't be a defense or obstacle when an authority goes after a non-compliant processor.

Hence my comment up thread - the law is not a closed system you can program like a code wars game, where if you're clever enough a judge will say 'oh you outsmarted me here because your logic is internally perfectly consistent, have a good day sir'.