What does “Monetizing without making a profit” mean?

• As an individual, if you are monetizing your project without the intention of making a profit, you are outside the scope of the regulation.
• According to Recital 15 of the CRA, monetising without intention of making a profit means you fulfil the following cumulative requirements:
  • You are not providing a software platform through which you monetise other services (for instance, Google’s Android).
  • You are not requiring as a condition for use the processing of personal data for reasons other than exclusively for improving the security, compatibility or interoperability of your software. (in particular, you’re not giving people access to your software in exchange for their personal data)
  • You are receiving donations or providing technical services in exchange for remuneration, where the total received does not exceed the cost of development of your software (hosting, hardware, compute etc…).

Note: We are waiting for clarification from the Commission as to if remuneration for hours worked on the project can be counted in the cost of development.