this post was submitted on 06 Aug 2023
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[–] [email protected] 30 points 1 year ago* (last edited 1 year ago) (2 children)

That's what I thought too until I looked it up. It applies to individuals as well.

If an individual runs a web server and processes personal data of individuals within the European Union, then they are subject to the requirements of GDPR. GDPR applies to anyone, including individuals, who processes personal data of EU residents, regardless of whether they are operating as a business or on a personal basis. It's important for the individual running the web server to comply with GDPR's data protection principles and obligations to safeguard the personal data they process.

[–] [email protected] 5 points 1 year ago* (last edited 1 year ago) (1 children)

As someone not residing in the EU, I don't see how they could possibly enforce that. Best they could do is block my instance I suppose. Have they done that for any small site?

I mean, I would delete/provide all data of any user who requests me to do so for themselves. But I'm likely not following every facet of the GDPR.

[–] [email protected] 5 points 1 year ago

They don't work like that, they have no technical capabilites. I think it would work more like a company being ordered to pay a fine if a user on your instance finds out that his data is not deleted if he asks.

But this is complicated so I hope someone else has good input on this topic. Someone must have run a website with registered users in Europe before without being a corporation.

The fediverse brings a new touch to all of this also, since the posts and comments are replicated across instances. Will that matter to the EU law? Maybe, maybe not.

[–] [email protected] 1 points 1 year ago (2 children)

What does "processing" data mean though?

[–] [email protected] 3 points 1 year ago

Basically, anything that involves the data being present somewhere in information systems that you control. Taking decisions based on it, displaying it on a webpage, make decisions based on it, even just storing it, all counts as processing under GDPR.