this post was submitted on 04 Mar 2024
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[–] ChairmanMeow 6 points 9 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".

[–] [email protected] 6 points 9 months ago (1 children)

citizen

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

[–] ChairmanMeow 2 points 9 months ago

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

[–] [email protected] -4 points 9 months ago* (last edited 9 months ago) (1 children)
[–] ChairmanMeow 0 points 9 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.