- cross-posted to:
- [email protected]
- cross-posted to:
- [email protected]
As this project appears to be fairly unknown in the fediverse still, I’d like to use this opportunity to advertise Flohmarkt. This Fediverse equivalent of Facebook Marketplace already has some instances up and running - see here: https://codeberg.org/flohmarkt/flohmarkt/wiki/flohmarkt-instances
I am super curious how does it stack against DAC7 European Directive 2021/514 from 22 march 2021.
The European law says that such sites must provide a list of users and sales
@Emmie @Temperche
IANAL but: researching this topic was indeed a task during the first year of the project. The German implementation of DAC7 (the PStTG) includes an exception for digital black boards like flohmarkt. The criterion is that there is no formal form of forming a contact on the platform itself. Here’s the official statement (see 1.1) https://www.bzst.de/SharedDocs/Downloads/DE/Digitale_Plattformbetreiber/FAQ_PStTG.pdf?__blob=publicationFile&v=3
bonus: you’ll will find many more hillariously unpronouncable words in this document.
Does your EU-country has exceptions?
@Emmie @Temperche might need to add that the exception is implicit. we’ve always argued that way before we knew this FAQ. until it came to our attention we just weren’t sure because, well, we’re no lawyers, duh :)
No matter where the site is operated from, as long as EU citizens can access it from their home countries?
Because I doubt that even fb marketplace can muster that with plausible accuracy. Especially the sales. When you take something down on marketplace it will ask if you sold it or not, but you can just tell it to mind its own business and say “no I totally just changed my mind”
Yes as long as business is accessible in EU it must set up hq in one of the eu countries and report data on sellers to that country government. (Thus phone number registration requirement which to have you must show and record ID and personal information to mobile carrier)
how does that work for flohmarkt I don’t know but I can try to set up an instance and we will see what happens. Will there be any nasty letters or not. I suspect as long as it is small thing no one will be interested but if it grew there probably would be an attempt to take it down and fines
I would really really want it to work so we can just don’t care about ever watchful big brother
The thing is that since all content is federated, each government would have to ask every single instance worldwide for user data. Seems unenforceable.