Subj : Weekly nodelist report on noteworthy changes (113)
To   : Matthias Hertzog
From : Michiel van der Vlist
Date : Sat Apr 24 2021 10:03:16

Hello Matthias,

On Friday April 23 2021 18:51, you wrote to Nodelist Police Commissioner:

 MH> Thanks for pointing this out. I somehow think the prolog should not
 MH> list switzerland in the list of GDPR affected countries as switzerland
 MH> is not a member of the EU. The EU regulations affects only swiss
 MH> companies who offer paid services to clients within the EU.

I am not a lawyer, I will never be a lawyer and I don't even want to be a lawyer. Having said that, it is my understanding that the scope of the GDPR is not limited to organisations offering paid services, it also applies to volunteer organisations where no money changes hands. Such as Fidonet.

According to the GDPR one may only ask for and store data needed to provide the service unless explicit permission has been given. Most of the data in the nodelist are required to make it work. Node number, host name or IP address and the flags are needed to make the connection. What is no longer needed in the age of Fido over IP, is the location. One can argue if it was really needed in the POTS age with cost of calling depending on location, but I have no doubt that today it is not needed to participate in Fidonet. 
So my policy is that for sysops who have not given explicit permission to list their place of residence in the nodelist, to use "NL" in the location field.

I can not judge if this applies in Switserland, as you say Switserland is not part of the EU.

 MH> Down to the details, FidoNet in switzerland is not:
 MH> - Having an office in the EU area
 MH> - Not having EU residents as clients

How about net 303? The Hrusca's are from Romenia. They are EU citzens...

 MH> (it's not clear if non-paying entities are clients not not)

See above.

 MH>  - Not offering data processing services
 MH> in the financial sector. - Not profiling EU resident.

 MH> Therefore, GDPR does not apply to FidoNet Region 2:30.

Are you sure? Have you asked a lawyer?


Cheers, Michiel

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