Assuming default privacy policy, any possible legal repercussions for selling a forum along with database?

Mr Lucky

Mr Lucky

Well-known member
If someone sells a forum as a going concern and all users on the database agreed to nothing other than the stock T & C and Privacy, could there be any legal issues?

I always assumed there is nothing in GDPR that implies it could be a problem and loads of forums are sold, but I imagine some users may get annoyed if a forum they were on changed hands. Do you need their consent?
 
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A very good question and one that likely requires a legal opinion for an answer to be more than speculation. What constituency the site is located in comes into play as well as what privacy regimes are in play. IOW, ask a lawyer.

Given the nature of my site, I would need to get approval from all members to sell it anyhow. We frame things that the site is run by me and other staff on behalf of the members. While I could realistically claim ownership of the domain and Xenforo, having paid for them for most of the history of the site now, the db content really belongs to the members and is not mine to do with as I please. If/when the site folds, I would most likely archive or destroy the data and maybe start something new with the Xenforo license (or sell it).
 
I have just been given this advice (not from a lawyer but someone I trust to "know about these things" and is based on the laws of Austria but presumption being most countries may be similar

As you have suspected, you are not allowed to simply sell the user data. You can hand over the forum to someone else for free or for payment, who will continue to run it. The users must be informed and given the opportunity to refuse the transfer and unsubscribe or agree. Email is not very suitable for this. I would log everyone out and present a new login page. In the event of a takeover, there will be new terms and conditions anyway, which the user will have to confirm. After such a clean transfer, you are no longer responsible for data usage.

If you don't hand over the forum to someone else, you must dispose of the personal user data, all posts and all backups in a secure way, meaning reliably destroy them.
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It depends on the legal mechanism used.

If the forum is under the ownership of a company and the owners of the company are changing, then for the most part nothing needs to be done as the data controller (the company) is remaining the same.

If it is a personally owned forum, then there are certain circumstances where you would be safer getting consent to continue, this walks a bit of a narrow line and grey area, as if the forum is remaining the same and that data is going to be used in the same way (eg just the same as before and not adding new things like marketing offers etc) it is probably safe to fire off an email informing users of the ownership change and requesting they get in touch if they object, otherwise assume implied consent to continue.

Obviously this varies from country to country but your local commissioners office probably has someone who can answer it quite easily over the phone.
 
In the case I'm thinking of it is not a company, it is me personally.

Slavik said:
it is probably safe to fire off an email informing users of the ownership change and requesting they get in touch if they object, otherwise assume implied consent to continue.
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I agree with the statement I quoted above, email may not be ideal. e.g. I'm thinking of a forum with 14000 users over the last 20 years, I'm sure there will be lots of bounces and even if not, complaints.
Slavik said:
Obviously this varies from country to country but your local commissioners office probably has someone who can answer it quite easily over the phone.
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Yes I might contact the ICO, but surely the applicable law would be based on each user's country?

But having said all the above I've been a member of a few forums bought up by Verticalscope. The forums were not owned by a company but by individuals. As a user I got nothing, no notification apart from a sticky thread, no force new agreement. Nothing.
 
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