Material Applicability

The Law on Personal Data Protection (LPDP) of Macedonia establishes its material scope through three key factors: automated means criterion, filing system criterion, and prospective filing system inclusion.

Relevant Provisions

LPDP Art. 2(1):

"This Law applies to the processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system."

Analysis of Material Scope

The law applies to:

• Processing by automated means, whether wholly or partially automated
• Non-automated processing when personal data forms or is intended to form part of a filing system
• Structured data collections that allow systematic access to personal data

Territorial Applicability

The LPDP's territorial scope is determined through four main factors: processing by local establishment, processing by entity registered in jurisdiction, offering goods and services to data subjects in jurisdiction, and monitoring data subjects within jurisdiction.

Relevant Provisions

LPDP Art. 3(1):

"Provisions of this Law apply to the processing of personal data if the controller or processor is established on the territory of the Republic of North Macedonia, regardless of whether the processing takes place on the territory of the Republic of North Macedonia or not."

LPDP Art. 3(2):

"Provisions of this Law apply to the processing of personal data of data subjects from the Republic of North Macedonia by a controller or processor not established in the Republic of North Macedonia, where the personal data processing activities are related to:

• the offering of goods or budgets, irrespective of whether a payment of the data subject from the Republic of North Macedonia is required, or
• the monitoring of the data subject behaviour as far as their behaviour takes place in the Republic of North Macedonia."

Analysis of Territorial Scope

The law applies to:

1. Controllers and processors established in Macedonia, regardless of where the processing occurs
2. Non-established entities when:
   • Offering goods or services to Macedonian data subjects
   • Monitoring behavior of data subjects within Macedonia