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I'm not a lawyer, but I don't think this is how it works unless Indonesia has signed an agreement with the EU or Netherlands regarding this. Otherwise countries
by Carpetsmoker 7y ago
I'm not a lawyer, but I don't think this is how it works unless Indonesia has signed an agreement with the EU or Netherlands regarding this. Otherwise countries could just unilaterally declare laws for all its citizens abroad?
I also looked at the text in Article 3, "Territorial scope"[1], and that says it only applies to EU-based organisations and "data subjects who are in the Union". It seems to me that "in the Union" means "residing in", and not "citizen of"?
The third clause says it applies to "a place where Member State law applies by virtue of public international law", but I don't think this applies to Indonesia?
[1]: https://gdpr-info.eu/art-3-gdpr/ https://gdpr-info.eu/art-3-gdpr/
- skissane 7y ago> The third clause says it applies to "a place where Member State law applies by virtue of public international law", but I don't think this applies to Indonesia? IANAL, but I think that is primarily a reference to member state embassies, consulates, overseas military bases, ships having member state flag in international waters, aircraft registered in a member state, and spacecraft operated by a member state. So GDPR would apply to data kept in a member state embassy/consulate in Indonesia. In practice, a lot of the work embassies/consulates do may fall into one of the exemptions from the GDPR – national security, etc. But embassies/consulates often also do other stuff, like host conferences, workshops, dinner parties, etc. GDPR may well apply to data collected for those purposes.