The prolog has been changed: R30 Switzerland has been added, and in
some places the wording has been changed.
The prolog has been changed: R30 Switzerland has been added, and in
some places the wording has been changed.
Thanks for pointing this out. I somehow think the prolog should not list switzerland in the list of GDPR affected countries as switzerland is not a member of the EU. The EU regulations affects only swiss companies who offer
paid services to clients within the EU.
Down to the details, FidoNet in switzerland is not:
- Having an office in the EU area
- Not having EU residents as clients (it's not clear if non-paying entities
are clients not not) - Not offering data processing services in the financial sector. - Not profiling EU resident.
Therefore, GDPR does not apply to FidoNet Region 2:30.
However, as switzerland is doing every rubbish the EU dictates, we can leave it in the prolog, as sooner or later it will be valid.
So, no work for you, Ward. :-)
Thanks for pointing this out. I somehow think the prolog should not
list switzerland in the list of GDPR affected countries as switzerland
is not a member of the EU. The EU regulations affects only swiss
companies who offer paid services to clients within the EU.
Down to the details, FidoNet in switzerland is not:
- Having an office in the EU area
- Not having EU residents as clients
(it's not clear if non-paying entities are clients not not)
- Not offering data processing services
in the financial sector. - Not profiling EU resident.
Therefore, GDPR does not apply to FidoNet Region 2:30.
I am not a lawyer, I will never be a lawyer and I don't even want to
be a lawyer. Having said that, it is my understanding that the scope
of the GDPR is not limited to organisations offering paid services, it also applies to volunteer organisations where no money changes hands.
Such as Fidonet.
Down to the details, FidoNet in switzerland is not:How about net 303? The Hrusca's are from Romenia. They are EU
- Having an office in the EU area
- Not having EU residents as clients
citzens...
Therefore, GDPR does not apply to FidoNet Region 2:30.Are you sure? Have you asked a lawyer?
it is my understanding that the scope of the GDPR is not limited to
organisations offering paid services, it also applies to volunteer
organisations where no money changes hands. Such as Fidonet.
That's disputed, at least here in switzerland.
Ahhhh, that whole GDPR thing sucks.
Therefore, GDPR does not apply to FidoNet Region 2:30.
Are you sure? Have you asked a lawyer?
I've done the DGPR compliance on my previous job, so yes, i've asked
a lawyer, even several of them. Instead of better answers i've got
more questions. As long as there are no cases in switzerland, we have
no real point of reference. We have a lot of opinions, but even among
the swiss lawyers, the opinions are "controversial", to say it a nice
way.
As one consequence of GDPR, we had to cancel the contracts with all
our EU clients,
but that's another story. I better don't tell more about this here, or
i might need a lawyer by myself. Ooops!
Swiss lawyers can dispute it in Switserland, but when push comes to
shove it will be decided in the EU court and that court will rule according to the EU interpretation of the rules, not the Swiss interpretation. What it boils down to is: "wan't to play our game?
play by our rules".
Ahhhh, that whole GDPR thing sucks.I can understand why you see it that way, but I beg to differ. As an
EU citizen I am happy that the EU protects my privacy against ruthless data horders not only in the EU, but outside the EU as well. That it
can sometimes be inconvenient when I am on the data gathering side is something that I accept.
If the organisation can not or will not follow the rules of the GDPR
that can indeed be a consequence. Play our game? Follow our rules. It
is a choice...
I agree with you that R30 probably does not belong in the list of countries where the GDPR applies to Fidonet. The list as published in
the header of the nodelist.
Let's leave it at that before we drift too far from the topic of this conference.
What it boils down to is: "wan't to play our game? play by our
rules".
EU courts have no say in switzerland. That's a very interesting topic
here as well, switzerland is waiting for the first case.
Ahhhh, that whole GDPR thing sucks.
I can understand why you see it that way, but I beg to differ. As
an EU citizen I am happy that the EU protects my privacy against
ruthless data horders not only in the EU, but outside the EU as
well. That it can sometimes be inconvenient when I am on the data
gathering side is something that I accept.
Data hoarding is one thing and i agree with you. Blocking legitimate handling of client data is something else.
You don't want to know what an ISP here HAS to do and what it is
not allowed to do. Depending on who i nthe government you talk,
you get conflicting instructions.
If the organisation can not or will not follow the rules of the
GDPR that can indeed be a consequence. Play our game? Follow our
rules. It is a choice...
That's true, but it was the german clients who complained about
no longer being able to receive their services from switzerland.
I agree with you that R30 probably does not belong in the list of
countries where the GDPR applies to Fidonet. The list as
published in the header of the nodelist. Let's leave it at that
before we drift too far from the topic of this conference.
Fully agree. :-)
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