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TOPIC: GDPR compliance and effects on Australia Developers and Site Owners

GDPR compliance and effects on Australia Developers and Site Owners 1 week 4 days ago #8438

  • Zoldar
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After our meeting last night, a number of questions were raised and there were not enough information for easy answers. How will this effect you, is the data you collect in your contact form affected by this ruling for instance?

GDPR is a regulation that requires businesses to protect the personal data and privacy of EU citizens for transactions that occur within EU member states. And non-compliance could cost companies dearly. Here’s what every company that does business in Europe needs to know about GDPR.

Even if you are an Australian only business site, what is stopping one of your customers moving to Europe and then placing you under this regulation.
I thought this would be a good place to ask questions and see answers. This way our joint efforts can be kept in the one place and become an information pool for others to follow.

Here is a starting point with a link to the recent talk at JAB 18 (J and Beyond 2018).
Jeff Wilson
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Last Edit: 1 week 3 days ago by sozzled. Reason: correct minor typo in subject; embed video in post
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GDRP compliance and effects on Australia Developers and Site Owners 1 week 4 days ago #8439

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This is a good general information article from The Conversation the other day:
theconversation.com/why-your-app-is-upda...ect-businesses-95154

This from last month:
securityboulevard.com/2018/03/the-gdpr-v...privacy-regulations/

And this is the official Australian Government resource:
www.oaic.gov.au/agencies-and-organisatio...rotection-regulation

Cheers,
Nicky
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GDRP compliance and effects on Australia Developers and Site Owners 1 week 4 days ago #8440

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If you need professional assistance, there are also several European Joomla community members/companies that have developed tools and resources. Look out for PixGDPR by PixPro Labs pixpro.net/labs/extensions/pixgdpr, and data2.eu.

Cheers,
Nicky
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GDPR compliance and effects on Australia Developers and Site Owners 1 week 3 days ago #8441

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This topic of discussion has been doing the rounds at the Joomla forum for a few months: forum.joomla.org/viewtopic.php?f=48&t=957357

The legal onus on site developers—those based out of Europe—was also canvassed yesterday.

The key points are, essentially:

1) The EU is attempting to impose a requirement on all businesses that operate within and interoperate with EU-based persons or entities.

2) The GDPR comes into effect on 25 May (i.e. in the next week or so).

3) The provisions of the GDPR have not been tested in court.

While the GDPR has been "newsworthy" in Europe, there's been barely a ripple of interest in the subject here in Australia.

Australians, in particular those of us who manage websites that are primarily involved in dealing with Australian-focused entities or Australian residents, are subject to the Australian Privacy Act 1988 and people who operate websites have an obligation to display a privacy policy statement that conforms with the provisions of that Act. Further, Australian businesses are subject to Australian consumer law—primarily the Trade Practices Act 1974. Australian consumers' rights are regulated under the Competition and Consumer Act 2010. If this sounds a bit mumbo-jumbo then don't over-analyse it: all Australian websites should contain a clear-English "Terms and Conditions" policy statement . As website developers, it's within your duty of care to advise clients to be aware of their legal responsibilities but it's not a website developer's obligation to ensure that sites not managed by them conform to applicable law.

In the same way as the manafuacturer of goods must provide appropriate warnings to consumers that misuse of their wares may cause harm or injury, the manufacturer cannot be help legally responsible if their wares were intentionally or recklessly misused. Likewise, if an Australian-based developer builds a website for someone who may operate their business out of Australia, the site developer (in keeping with their duty of care) should advise their client that the client is responsible for ensuring their business operates under any applicable law.

This raises the question as to what is the meaning of "applicable law" in the case of the GDPR and that definition hasn't yet been tested in any court (either within or outside of Australia). Until there's been some decision made by an Australian court that the GDPR extends to Australian residents or businesses operating here, it's a moot point.

I don't have the answers but I'm not unduly worried (as a developer or business owner) about the extension of the GDPR in applying to me, personally. The intent of the EU regulations is primarily aimed at the "big end of town": entities that collect personal information of large numbers of naïve consumers who may have their personal data on-sold or used by other businesses without their knowledge. Facebook recently changed it's TOU policy to exclude its US operations (at least) from the provisions of the GDPR; time will tell whether their recent changes will withstand any challenge brought against them within Europe.
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GDPR compliance and effects on Australia Developers and Site Owners 1 week 19 hours ago #8443

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