The lemmy devs are not a company, they do not have employees and they are not a registered business. It is a private hobby project run by donations. Lemmy.world, run by a person Ruud, again, not a business, they have no employees.
… 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.
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”.
It doesn’t though lol, they don’t collect PII as part of their business. There is no business. They would have to actually get investigated, not cooperative then sued. None of the enforcements that weren’t criminal ever amounted to anything, all the major fines are criminal cases. you can actually check https://www.enforcementtracker.com/ sort by Private Individual.
In no cases are the lemmy devs responsible for this or “fucked up” per the article. Ruud, the sysadmin of lemmy.world could be sued but would have to be non cooperative and involved in a criminal case.
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.
The lemmy devs are not a company, they do not have employees and they are not a registered business. It is a private hobby project run by donations. Lemmy.world, run by a person Ruud, again, not a business, they have no employees.
… 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.
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”.
Actually I believe it’s “residents”. You don’t need to be a citizen.
It’s both indeed, citizens as well as residents.
It doesn’t though lol, they don’t collect PII as part of their business. There is no business. They would have to actually get investigated, not cooperative then sued. None of the enforcements that weren’t criminal ever amounted to anything, all the major fines are criminal cases. you can actually check https://www.enforcementtracker.com/ sort by Private Individual.
In no cases are the lemmy devs responsible for this or “fucked up” per the article. Ruud, the sysadmin of lemmy.world could be sued but would have to be non cooperative and involved in a criminal case.
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.