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It does apply, but not to the Lemmy devs, but to the instance admins.

As it stands, you can’t legally host a Lemmy server in either the EU or the US (or places they can reach) and federate with the 'verse at large without fear that the authorities will come after you.

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SupraMario@lemmy.world ⁨6⁩ ⁨months⁩ ago
This is not true at all, you can host a instance in the USA for free and not be subjective to the GDPR. You’re not selling anything, or marketing anything or doing any data collection to be sold. It %100 does not apply.

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- maynarkh@feddit.nl ⁨6⁩ ⁨months⁩ ago
  GDPR article 3, and the EU-US Data Protection Umbrella Agreement concluded in the US in December 2016 which makes it US law disagree.
  
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  - SupraMario@lemmy.world ⁨6⁩ ⁨months⁩ ago
    Yeah no it doesn’t.
    
    gdpr-info.eu/art-3-gdpr/
    
    Go read it ffs.
    
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    maynarkh@feddit.nl ⁨6⁩ ⁨months⁩ ago
    Lemmy instances offer services to me as an in-EU data subject, and that makes it subject under the very Article 3/2 (a) you linked.
    
    the offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the Union
    
    Since there is federation, a US-based instance would still be a data processor if it IP blocked be as coming from the EU.
    
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