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Can EU citizens living in Malaysia long-term exercise their GDPR rights when Google decides that they reside in Malaysia?
by floatingatoll 5y ago
Can EU citizens living in Malaysia long-term exercise their GDPR rights when Google decides that they reside in Malaysia?
- StavrosK 5y agoNo, because the GDPR doesn't apply to citizens, but to companies. It only applies to companies that target the EU for their services: https://ec.europa.eu/info/law/law-topic/data-protection/reform/rules-business-and-organisations/application-regulation/who-does-data-protection-law-apply_en https://ec.europa.eu/info/law/law-topic/data-protection/refo...
- floatingatoll 5y agoThat is technically correct, but ultimately unhelpful in the context of the post. I’ve rewritten my question to address your objections to my phrasing. Is Google required to comply with GDPR data and deletion requests made by EU citizens that Google has deemed to be be residing in Malaysia? Since you’re familiar with GDPR, I would appreciate your opinion on it.
- izacus 5y agoNo, GDPR explicitly speaks about EU residents and not citizens. Which means that OP is not covered, but an American living in France is.
- floatingatoll 5y agoAlright. I’m glad I asked, even if my phrasing sucked, because it uncovers why they’re doing this.
- croes 5y agoThat's clever by google. Because if a german citizen uses european google services, he is GDPR protected no matter where he is. That switch made im a EU citizens living abroad using non-EU services, so no GDPR protection. Coincidence?
- stavros 5y agoAgain, the GDPR applies to EU residents, not citizens. A German citizen in the US isn't protected by the GDPR. Technically, it doesn't even apply to citizens, but to countries that the company markets to. The link explains all this.
- croes 5y agoIt's not so simple. A German citizen in the US is protected by the GDPR if he uses a EU company's service, even a US citizen in the US is then protected by GDPR. Here it is the same, if he uses EU Google he is protected, because of the switch to Google Malaysia he isn't anymore.
- StavrosK 5y agoI disagree, even EU companies don't have to adhere to the GDPR if they don't target EU countries. Google doesn't have to adhere to the GDPR for people in the US, whether they're EU citizens or not.
- germanier 5y agoCompanies have to, see Article 3. GDPR triggers whenever the processing is done by a company located in the EU or targeting users located in the EU. Google probably does not as they surely don't do processing of non-EU user's data within their EU subsidiaries.
- CRConrad 5y ago> Again, the GDPR applies to EU residents, not citizens. But what's a "resident"? That means where you live, not where you're temporarily staying. > A German citizen in the US isn't protected by the GDPR. If he's just visiting the US he's still a resident of Germany, AFAICS.
- monkeyshelli 5y agoIs there any reason why e.g. you go for a holiday outside of EU your account is moved to that country (no more GDPR protection) and all of your data can(?) then be processed. When you come back within the EU GDPR-flag is set back to true.
- jiveturkey 5y agoIt's irrelevant where Google decides they reside. It only matters where they actually reside. Your question is a fair one, but it's pretty thin and is therefore trivially answered by a Google search. https://www.compliancejunction.com/does-gdpr-apply-to-eu-citizens-living-abroad/ https://www.compliancejunction.com/does-gdpr-apply-to-eu-cit... > When an individual leaves an EU country and goes to a non-EU country, they are no longer safeguarded by GDPR.