This is the take I have on it too! It would be good to read their replyHiFiKabin wrote: ↑Sat Nov 25, 2017 4:33 pmHaving tried to read through the legislation (all legislation is written BY lawyers FOR lawyers) I think it makes no difference where your site is hosted. If it is aimed at an EU audience, the legislation applies.
BUT I "think" it does not apply to hobby sites. If the purpose of your site is NOT commercial the new rules will probably not apply to you.
I have written to the Information Commissioner’s Office asking for clarification and will post their reply here once I get it.
The intention is to make site owners finally treat data responsibly, because in capitalism loosing money hurts most.
From the USA? From Europe? I mean: how experienced is he with multiple nation's laws, not just one?
This is mutually exclusive, but I wouldn't be surprised if nobody can give a bullitproof answer. Maybe the question should be about user input, not only website visitors - if I'm European and forced to use ESTA online then I'm not "attracted" to it.
USA. Since there is no treaty associated with the enforcement of the GDPR, the EU can not enforce this law against an American company. Privacy shield, which is voluntary, is the only one that can be enforced... and even then, the US has to enforce it. The EU can't enforce it directly. The EU can not single-handedly override/change a treaty or agreement. Chances are unlikely to "won't happen" that the US would ever agree to a nation wide GDPR agreement, due to the extensive amount of regulation of the GDPR. If anything was agreed to, chances are high that it would be a voluntary program like the Privacy Shield. As to your experience question... experienced with US law. EU law is irrelevant to US entities.
Based on my understanding of this all and what I was told, even that falls under the privacy shield. However, since ESTA is a travel organization that falls under the DOT, it's considered mandatory (DOC is optional, DOT is mandatory). (My personal theory is that the DOT would only agree to enforcing certain parts, given the level of regulation in the GDPR. Don't quote me on this specific one.) User input is still regulated by US law if it's entered into a US based system/server.This is mutually exclusive, but I wouldn't be surprised if nobody can give a bullitproof answer. Maybe the question should be about user input, not only website visitors - if I'm European and forced to use ESTA online then I'm not "attracted" to it.
They will be able to enforce this on large US companies that have a physical presence in other countries but not going to happen if you are based entirely in the US.
Exactly.WelshPaul wrote: ↑Fri Dec 01, 2017 10:14 pmAll very well and good having the ability to delete an account but what about logs? Surely if someone makes a post on your forum you need to maintain some info such as an IP address? What if someone signs up to my forum and posts child porn pics and then deletes their account? If all their info is deleted where does that leave me as the site admin?
The only exception to retention requirements is a "legal" reason, like the HRMC you mentioned above. Past that... as far as I understand it, anything not required to be maintained for a legal reason must be deleted/overrides your policies and rules as a forum owner.WelshPaul wrote: ↑Sat Dec 02, 2017 10:36 amMost businesses must retain information for a period of time, 6 years or so for HRMC. If someone comes along and posts anything malicious, breaches someones copyright etc and as I pointed out above deletes their account, then what? What if I get a court order or a request from the police to reveal the IP address? What do I say? Sorry but as per GDPR compliance the offender deleted their information and I have none?
I'm all for users having the ability to delete an account but some information must be retained surely? Anything they post could still possibly be found in cache or sites such as waybackmachine?
Very worrying this!
So retaining an IP address would fall under "legal reasons" yes?
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