3 ms·

GDPR doesn't apply to personal websites where there is no company behind the website. edit: here's a source: https://gdpr-info.eu/art-2-gdpr/ https://gdpr-info

by simpss 6y ago

GDPR doesn't apply to personal websites where there is no company behind the website. edit: here's a source: https://gdpr-info.eu/art-2-gdpr/ https://gdpr-info.eu/art-2-gdpr/ This Regulation does not apply to the processing of personal data: (c) - by a natural person in the course of a purely personal or household activity;

zinekeller 6y ago
You have misinterpreted that (which I understand if you're American, since the word personal have a different legal definition there). Purely personal activities is not really interpreted as "I have a personal blog" sense, but in "I need to call my friends" sense. If you are indiscriminately processing data of possibly hundreds of people (note that at least on cases in Austria, it can be as low as 50 individuals), it is no longer purely personal and is now partially commercial, and unless you have other reasons to collect the data (research or you have actively obtained consent), you cannot simply do this.
- simpss 6y ago
  I completely agree, if you're acting outside of personal bounds this does not exclude you. ex, generating profit by selling ads, which gets taxed as income. Probably shouldn't have tacked on the company bit.
detaro 6y ago
"personal or household activity" is not the same as "not a company", so it really can depend on what you are doing with your personal website.
PeterisP 6y ago
A personal blog would likely qualify for that, however, many personal websites would not pass the test of "no connection to a professional or commercial activity" (from https://gdpr-info.eu/recitals/no-18/ https://gdpr-info.eu/recitals/no-18/) - if you sell something on that site, or have ad revenue, or use it as advertisement for your professional consultations, then it's not purely household activity. If you have a bootstrapped web startup project that you want to launch (e.g. collecting "pre-sales" signups from a minimum viable product), then it's definitely not purely personal or household activity even before you have registered a company.
- simpss 6y ago
  yes, that is a good clarification. Probably shouldn't have tacked on the "not a company" bit. A person without a company can act outside of the personal bounds.

by simpss 6y ago

zinekeller 6y ago

You have misinterpreted that (which I understand if you're American, since the word personal have a different legal definition there). Purely personal activities is not really interpreted as "I have a personal blog" sense, but in "I need to call my friends" sense. If you are indiscriminately processing data of possibly hundreds of people (note that at least on cases in Austria, it can be as low as 50 individuals), it is no longer purely personal and is now partially commercial, and unless you have other reasons to collect the data (research or you have actively obtained consent), you cannot simply do this.

simpss 6y ago
I completely agree, if you're acting outside of personal bounds this does not exclude you. ex, generating profit by selling ads, which gets taxed as income. Probably shouldn't have tacked on the company bit.

detaro 6y ago

"personal or household activity" is not the same as "not a company", so it really can depend on what you are doing with your personal website.

PeterisP 6y ago

A personal blog would likely qualify for that, however, many personal websites would not pass the test of "no connection to a professional or commercial activity" (from https://gdpr-info.eu/recitals/no-18/ https://gdpr-info.eu/recitals/no-18/) - if you sell something on that site, or have ad revenue, or use it as advertisement for your professional consultations, then it's not purely household activity. If you have a bootstrapped web startup project that you want to launch (e.g. collecting "pre-sales" signups from a minimum viable product), then it's definitely not purely personal or household activity even before you have registered a company.

simpss 6y ago
yes, that is a good clarification. Probably shouldn't have tacked on the "not a company" bit. A person without a company can act outside of the personal bounds.