General Data Protection Regulation (“GDPR”)

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Everything related to the #GDPR is discussed here. This is the first and only community specifically for GDPR topics which is decentralized and outside of walled-gardens. #EDPB recommendations and guidance can and should also be discussed here.

For the moment, chatter on the similar California Consumer Privacy Act (CCPA) could be discussed at least until the volume of messages compels us to split it into a separate community.

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(EU+UK) Legal theory that closed-source software inherently undermines or violates the GDPR in some situations (beehaw.org)

submitted 6 months ago* (last edited 6 months ago) by debanqued@beehaw.org to c/gdpr@sopuli.xyz

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cross-posted from: https://beehaw.org/post/12170575

The GDPR has some rules that require data controllers to be fair and transparent. EDPB guidelines further clarify in detail what fairness and transparency entails. As far as I can tell, what I am reading strongly implies a need for source code to be released in situations where an application is directly executed by a data subject and the application also processes personal data.

I might expand on this more but I’m looking for information about whether this legal theory has been analyzed or tested. If anyone knows of related court opinions rulings, or even some NGO’s analysis on this topic I would greatly appreciate a reference.

#askFedi

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