this post was submitted on 06 Mar 2024
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You can't and this is a shit article...the GDPR doesn't apply to instance outside of the EU....
https://www.dickinson-wright.com/news-alerts/what-usbased-companies-need-to-know#:~:text=The%20GDPR%20even%20applies%20if,language%20of%20an%20EU%20country%2C
Literally people using the GDPR like it's some gotcha thing for admins. If nothing is sold or offered to be sold and their is no financial gain it's not going to apply. On top of that good luck suing a FOSS dev.
Edit: that downvote button does jack shit on Lemmy people. If you think I'm wrong why not prove that I'm wrong...and why a bunch of law firms are wrong as well.
It absolutely does, if the company processes data of EU residents. The US enforces GDPR themselves, as they have signed an agreement to do so. To be clear, this means that according to US law, if you are a US web host, you can abuse US customer data and the FBI will not come after you, but if you do so with EU customer data, US authorities will come after you on behalf of the EU.
Yeah it does, as soon as you are providing a service, if you have a user from the EU that's not you, it applies. And while GDPR fines are defined in a revenue percentage, there is a minimum of "up to 10 million EUR" for a violation.
Nobody is getting sued. EU data protection agencies don't "sue" people and companies. They fine them. The difference is that a lawsuit is a process where at the end you might need to pay money, but you mostly settle. A GDPR fine looks like you get a letter saying you need to pay an amount, if you want to appeal, you can do so after paying.
And it's not the devs that will be getting these fines, it's instance admins.
And this is why misskey is a mastodon instance that just blocked access if the person is from the EU, it's too much to ask for devs in a single digit that survive by donations or their own pocket money, this is a hobby for them.
Did they defederate from all instances allowing access to EU citizens? If not, they are still liable, as they are scraping EU citizen's data for federation. Even usernames are personal data according to the GDPR.