Difference between revisions of "GDPR"

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303 bytes removed ,  23:35, 22 April 2018
(→‎Lawyer Questions: Updating with answers (see logs of meeting 6))
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==== Q1.1d List legal grounds for the processing ====
==== Q1.1d List legal grounds for the processing ====
''Related articles: 6.1a, 6.1b, 9.1, 9.2a, 13.4, 13''
What legal grounds for the processing are possible partly depends on the question whether user-sent content falls under art. 9.1 or not. We need legal advice here (See LQ1 below)


===== C2S: =====
===== C2S: =====


If user-sent data IS NOT subject to art. 9.1:
Art. 6.1b can be used as ground for processing, so the permission is implicitly granted when signing up for the XMPP service. The EULA must then contain information about the information processed.  
Art. 9.1b can be used as ground for processing, so the permission is implicitly granted when signing up for the XMPP service. The EULA must then contain information about the information processed.  


If user-sent data IS subject to art. 9.1:
MAM and MUC MAM are covered by explicit consent (6.1a)
The ground for processing has to be art. 9.2, explicit consent.


===== S2S: =====
===== S2S: =====
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** typically just inside of server logs. r49 probably applies                   
** typically just inside of server logs. r49 probably applies                   
* user meta-data:
* user meta-data:
** all transfer requires (implicit) user consent - by joining a MUC or sending a messages to somebody or accepting a subscription      
** all transfer requires (implicit) user consent - by joining a MUC or sending a messages to somebody or accepting a subscription (art. 6.1b), outside the EU by 49.1b
* user content (MAM, MUC MAM) (6.1a)
* user content (MAM, MUC MAM) is legitimate interest of the other party (6.1f)


S2S transfer within the EU is covered by art. 6.1b, outside the EU by 49.1b
Treat all S2S as outside the EU


==== Q1.1e Analyse possible consequences ====
==== Q1.1e Analyse possible consequences ====
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