• 0 Posts
  • 9 Comments
Joined 1 year ago
cake
Cake day: June 8th, 2023

help-circle





  • Does the server operator avoid any responsibility for data protection by just having the actual physical copies of all the data they do have access to (user names, post contents, etc.) physically live over at Discord? If the company president’s PC is hacked and someone steals copies of all the personal information in support chats that were conducted over Discord, or the contents of private channels where people posted their home addresses for Secret Santa, or whatever, can the company get out of having any sort of data breach disclosure obligations because the data was really Discord’s data?


  • As long as what is going on here is basically comparable to what is going on when a company uses a third-party service as a peer to individuals, then yes, the company probably isn’t somehow responsible for what the service is doing. Government Twitter pages have been found to legally constitute public forums, but that was in the context of restricting the government from blocking people. The person whose page it is still don’t really run the place and probably isn’t responsible for the actions of the platform.

    But if a company hires another company to build and operate a communication platform for it (more of a Mailchimp or Invision Community situation), then you probably have a data controller-data processor style relationship.

    So, is Discord more like Spotify or is it more like Mailchimp?


  • But if the developer makes a Discord “server” for their game community, they are telling Discord to set up a service. If the developer encourages people to join it and retains moderation rights, they’re taking that service they ordered from Discord and providing it to other people. If the developer failed to get some legally required in their jurisdiction contractual terms from Discord about what Discord can and can’t do with data on the people who use the service, the developer could get in trouble when they provide that service to people without the service following local laws.