🍏
Physical

The factor "Physical location or residency of the data subject within a particular jurisdiction or country" means that the law is applicable to personal data processing activities involving individuals who are physically present in or residents of a specific jurisdiction, regardless of their citizenship or the location of the data controller or processor.

Philippines: Data Privacy Act of 2012

Section 6(a): "This Act applies to an act done or practice engaged in and outside of the Philippines by an entity if: (a) The act, practice or processing relates to personal information about a Philippine citizen or a resident;"

Key points:

  • Applies to data processing both within and outside the Philippines
  • Covers personal information of Philippine citizens or residents
  • Extends the law's reach beyond territorial boundaries

India: Digital Personal Data Protection Act

Article 3(b): "Subject to the provisions of this Act, it shall— (b) also apply to processing of digital personal data outside the territory of India, if such processing is in connection with any activity related to offering of goods or services to Data Principals within the territory of India;"

Key points:

  • Applies to data processing outside India
  • Focuses on activities related to offering goods or services
  • Protects data principals (subjects) within India's territory

European Union: General Data Protection Regulation (GDPR)

Article 3(2a): "This Regulation applies to the processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union, where the processing activities are related to: (a) the offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the Union;"

Key points:

  • Applies to non-EU controllers/processors
  • Covers data subjects physically in the EU
  • Focuses on offering goods or services, regardless of payment

Brazil: Lei Geral de Proteção de Dados (LGPD)

Article 3(§1): "Data collected in the national territory are considered to be those whose data subject is in the national territory at the time of collection."

Key points:

  • Defines data collection based on the subject's location
  • Applies to data subjects physically present in Brazil during collection
  • Emphasizes the moment of data collection as a determining factor

Thailand: Personal Data Protection Act (PDPA)

Section 5(2): "In the event that a Data Controller or a Data Processor is outside the Kingdom of Thailand, this Act shall apply to the collection, use, or disclosure of Personal Data of data subjects who are in the Kingdom of Thailand, where the activities of such Data Controller or Data Processor are the following activities: (1) the offering of goods or services to the data subjects who are in the Kingdom of Thailand, irrespective of whether the payment is made by the data subject; (2) the monitoring of the data subject's behavior, where the behavior takes place in the Kingdom of Thailand."

Key points:

  • Applies to non-Thai data controllers/processors
  • Covers data subjects physically in Thailand
  • Includes offering goods/services and monitoring behavior
  • Disregards payment as a determining factor