this post was submitted on 04 Mar 2024
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[–] hamid@lemmy.world -5 points 6 months ago* (last edited 6 months ago) (2 children)
[–] TheObviousSolution@lemm.ee 11 points 6 months ago* (last edited 6 months ago)

.... At this point, you realize you are just grasping at straws, right? And ones you are seriously misunderstanding, given your previous less than 250 employees statement.

It's not much, but I would advice you to read the second answer here, https://law.stackexchange.com/questions/29052/do-web-applications-as-hobby-projects-need-to-comply-with-the-gdpr , and seriously think about whether a site with many more users and much more personal data, specially those receiving revenue streams in the form of donations and with a team made up of more than one person https://team.lemmy.world/ , would be more or less likely to be accountable to the GDPR under a court of law than a personal blog.

Ruud should probably be getting in contact with https://autoriteitpersoonsgegevens.nl/contact/informatie-en-meldpunt-privacy-imp or on the telephone Monday to Thursday from 10 a.m. to 12 noon on 088-1805250 if he hasn't already.

[–] ChairmanMeow@programming.dev 6 points 6 months ago (2 children)

Doesn't matter. Lemmy instances are technically "entities" so the law applies to them. You don't have to be a business, just "anything that processes EU citizen's personal data".

[–] loudwhisper@infosec.pub 6 points 6 months ago (1 children)

citizen

Actually I believe it's "residents". You don't need to be a citizen.

[–] ChairmanMeow@programming.dev 2 points 6 months ago

It's both indeed, citizens as well as residents.

[–] hamid@lemmy.world -4 points 6 months ago* (last edited 6 months ago) (1 children)
[–] ChairmanMeow@programming.dev 0 points 6 months ago

GDPR applies regardless of any "business". It applies to any entity processing personal data.

Which is incredibly broad by the way. IP addresses and email addresses are personal data too. Same goes for "account data" in a broad sense. So Lemmy does collect personal data, and has to be compliant with the GDPR.

Of course, for a fine there needs to be an investigation and the entity has to not comply with GDPR requests after a warning. And you're absolutely right that devs can't be sued for this, but the sysadmin running the instance can be. But that would only happen after GDPR noncompliance.