• I am part of a small walking club, of less than 100 members and we have a forum and members area where members can communicate with each other.

    It is hosted by Yahoo. Is it Yahoo's responsibility to comply with the new regulations or us as club committee?

  • Is it Yahoo's responsibility to comply with the new regulations or us as club committee?

    Yahoo are the service provider in this example, so they are the ones subject to OfCom regulation

    Your part is to abide by Yahoo's t&cs.

  • A lot will fall on Yahoo, but Yahoo will hold you to account for moderation of your community, and if you fail to moderate they will likely just cut you off as it's the lowest risk thing to do.

    In essence:

    • Do you run the actual software (whether or not you wrote the software)? Then you're 100% on the hook for everything identified in the risk assessment as part of the OSA.

    So if someone else runs the software, i.e. you're a Facebook group, a Google group, a Yahoo group, all these kinds of scenario are they are the platform provider and they have to do full compliance.

    It's interesting as if you downloaded phpBB and ran it, you're the provider... you would be fully responsible. But if you purchased phpBB from a hosted platform then they're the provider. But if you installed phpBB via Cpanel on your own server then you're the provider, etc.

    Who runs it matters.

    And whoever is running it will limit their risk exposure by implementing tools and enforcing quite strictly... so they will push some degree of "as a moderator for your community you must... " onto yourselves, but ultimately if you fail to do it they'd likely just delete your community as it's more cost effective for them to do so.

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