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this post was submitted on 18 Jul 2024
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For one there's no incentive for individuals running an instance to care about compliance in the first place, regardless of the actual issues at play. One obvious issue that comes to mind is the right to be forgotten. FOSS software can be easily modified and if servers don't comply with such requests properly then your rights are being violated and good luck doing anything useful about it.
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It does. It applies to any service that has a single EU user. And that doesn’t mean someone in the EU. It means an EU citizen, even if they are living abroad.
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Anyone who ever hopes to actually move or operate in the EU will be forced to comply. So an instance owner in the fediverse might operate their instance out of the US. Then the US enacts some law to force handing over user data. The server owner wants to move (themselves or the server) to the EU. Well, they’re now fucked.
Or if an instance owner wants to sell something on the site, guess you’re not selling to 50% of your users.
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@tyler @AustralianSimon
GDPR applies only to people (even non-EU citizens) who "live" on the territory of EU. EU citizens who leave, don't have the GDPR protection anymore. There was an affair last year when google started notifying people about transferring their account data to non-EU datacenters after it detected them connecting from a foreign IP when they went for a holiday to Thailand for a month. So clearly you have some misunderstandings of GDPR. Also GDPR prevents selling stuff??
That is incorrect. I implemented GDPR for a finance company whose lawyers are contracted to companies like Google to fix their legal mistakes so I trust the lawyers at that company far more than I trust Google’s. That affair you’re describing could easily be taken to court as they are failing to uphold gdpr.
And you can easily go look up the law yourself. https://www.compliancejunction.com/gdpr-frequently-asked-questions/
@tyler Well, they are doing it: https://piunikaweb.com/2021/04/24/google-emails-about-change-of-country-of-association-issue-escalated/ When I followed the steps and wanted to set my country back to Europe, they responded "After reviewing your account, we think your current country association is accurate and we didn't change anything." (keeping the wrong one, non-EU country). Note Google LLC is in USA, Google Ireland Limited is in EU https://policies.google.com/faq#associated-country
contact your local Data Protection Authority. https://commission.europa.eu/law/law-topic/data-protection/reform/rights-citizens/redress/what-should-i-do-if-i-think-my-personal-data-protection-rights-havent-been-respected_en
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I'm gonna go ahead and say that the lawyers I implemented it for understand it a lot better than you (and yes even Google's lawyers).
it does if you ever will operate there though. Many many companies eventually need to do business in the EU. So not following GDPR is just asking to never be allowed to operate there ever. Fine for local newspapers, not fine for a finance company that eventually needs to do business across national boundaries.
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Most people aren’t companies. I’m guessing you’ve never run a company. You want to keep options open, for so many reasons.