Re: Is this forum prepared for the GDPR?
- Posted by jimcbrown (admin) Apr 29, 2018
- 2454 views
It applies to the smallest one or two man companies
GDPR does not apply to companies outside the US that do not trade or have a base within the EU,
We don't have a company. As I understand it, the forum is hosted on a VPS and the database with the relevant information is on it. The VPS is in euphoric's name. So technically, the forum is owned by a single private person.
Does it make a difference if it's a private individual rather than a company that has been formally set up (as an incorporated company, limited partnership, sole proprietor, etc) ? Or would euphoric theoretically be liable for the full $24.5 million US dollar fine if the forum hypothetically did trade with the EU?
and as such the OpenEuphoria forum that has a US base (and as far as I know, does not have an EU base) does not need to comply with the regulations.
We have users in the past such as jacques_desch and former dev team member CChris who are based in France, and andi49 in Germany.
We retain their account information even though they don't use the forum. This is what concerned me.
What europeans choose to do in the rest of the world is entirely at their own risk.
But if that European is in Europe when it happens ... I guess my question is, if a person with EU citizenship, while residing in and physically present in Europe at the time, signs up to our website - does the GDPR apply to us then?
Does allowing EU citizens in the EU to sign up on the forum count as doing trade within the EU?
Or does this instead fall under the category of a person choosing 'entirely at their own risk' to do something 'in the rest of the world' ?
