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Processing in Context of Local Establishment
The factor "The processing falls into the Context of activities of Establishment in Jurisdiction" means that the law is applicable to data processing activities that are carried out in connection with an organization's presence or operations within a specific jurisdiction, regardless of where the actual processing occurs. This factor is used to determine the territorial scope of data protection laws and extends their applicability beyond mere geographical boundaries. ## European Union - General Data Protection Regulation (GDPR) Article 3(1) of the GDPR states: "This Regulation applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union, regardless of whether the processing takes place in the Union or not." Key points: - Applies to data processing related to activities of an EU establishment - Covers processing both inside and outside the EU - Focuses on the context of activities rather than the location of processing ## United Arab Emirates - Dubai International Financial Centre (DIFC) Data Protection Law Article 6(3)(b) of the DIFC DPL provides: "This Law applies to a Controller or Processor, regardless of its place of incorporation, that Processes Personal Data in the DIFC as part of stable arrangements, other than on an occasional basis. This Law applies to such Controller or Processor in the context of its Processing activity in the DIFC (and not in a Third Country), including transfers of Personal Data out of the DIFC." Key points: - Applies to controllers and processors with stable arrangements in DIFC - Covers processing activities within DIFC, including data transfers out of DIFC - Excludes occasional processing ## Saudi Arabia - Personal Data Protection Law (PDPL) Article 2(1) of the KSA PDPL states: "The Law applies to any Processing of Personal Data related to individuals that takes place in the Kingdom by any means, including the Processing of Personal Data related to individuals residing in the Kingdom by any means from any party outside the Kingdom." Key points: - Applies to processing within Saudi Arabia by any means - Covers processing of data of Saudi residents by entities outside the Kingdom - Includes processing of deceased individuals' data if it leads to identification ## Philippines - Data Privacy Act of 2012 Section 6(b3) of the DPA of 2012 provides: "This Act applies to an act done or practice engaged in and outside of the Philippines by an entity if: (b) The entity has a link with the Philippines, and the entity is processing personal information in the Philippines or even if the processing is outside the Philippines as long as it is about Philippine citizens or residents such as, but not limited to, the following: (3) An entity that has a branch, agency, office or subsidiary in the Philippines and the parent or affiliate of the Philippine entity has access to personal information;" Key points: - Applies to entities with a link to the Philippines - Covers processing inside and outside the Philippines - Includes entities with branches or subsidiaries in the Philippines ## USA - California Consumer Privacy Act (CCPA) Section 1798.140(d)(1) of the CCPA defines a "Business" as: "A sole proprietorship, partnership, limited liability company, corporation, association, or other legal entity that is organized or operated for the profit or financial benefit of its shareholders or other owners, that collects consumers' personal information, or on the behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers' personal information, that does business in the State of California, and that satisfies one or more of the following thresholds: [...]" Key points: - Applies to for-profit entities doing business in California - Covers entities meeting specific thresholds (revenue, data volume, or data-based revenue) - Focuses on the entity's connection to California rather than the location of processing