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this post was submitted on 19 Jun 2023
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Technology
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In this case though, would it not be that then if Facebook did have a processing agreement with Amazon with which they communicate information, and this agreement stipulates that (in order to comply with GDPR) data they sell to amazon must be deleted upon request, and Amazon does NOT do so, this would make amazon liable for breach of contract instead of facebook being liable for breach of GDPR?
If so, all fediverse instances would need is a copy-paste agreement when two instances federate that data from one must be deleted on the other upon request.
Partially right - Amazon would be liable, but not towards the data owner but Facebook. The data owner sues Facebook, Facebook then sues Amazon.
A copy&paste agreement is the first (and from my point of few most important step). Personally I would also integrate a automatic mechanism that deletes data (e.g. the delete request gets automatically federated) and defederates instances that do not follow them globally. Sadly this is still not enough - data handling in the US and other jurisdictions with similar bad privacy laws is also a problem, see the recent Facebook case and Schremp2. But tbh I have no idea how to solve that.
Lemmy can, by definition, not be GDPR obtain full GDPR compliance. We should make sure that best effort is ensured, especially with the right of deletion and the right to "know"(where data is stored), but also consider lobbying towards a reformed law for the federated use cases.