The applicability of Angola's data protection law is determined, in part, by the presence of an entity within the jurisdiction, which serves as a key factor in establishing the law's scope.

Text of Relevant Provisions

AO DPL Art.3(2)(a):

"2. This law applies to the processing of personal data carried out: ...a) By a data controller based in the Republic of Angola; In cases of data processing by entities, the law's applicability is linked to the presence of the entity within Angolan territory.

Original (Portuguese):

"2. A presente lei aplica-se ao tratamento de dados pessoais efectuados a)- por responsável pelo tratamento sedeado na República de Angola;

Analysis of Provisions

The Data Protection Law's territorial scope is primarily determined by the location of the data controller, as stipulated in AO DPL Art.3(2)(a). According to this provision, the law applies to the processing of personal data carried out by a data controller based in the Republic of Angola. This means that if an entity's headquarters or main establishment is located within Angolan territory, the law will apply to its data processing activities, regardless of where the processing occurs. This factor is crucial in setting the scope of applicability, as it provides clarity on which entities are subject to the law's requirements.

Implications

The requirement that a data controller be based in the Republic of Angola for the law to apply has significant implications for businesses operating within the country. Entities that have their headquarters or main establishments in Angola will be subject to the data protection law, regardless of where their data processing activities take place. In contrast, entities with no presence in Angola may not be subject to the law, unless they use means located in Angolan territory to process personal data, as stipulated in AO DPL Art.3(2)(d).

Examples of entities that would be subject to the law include Angolan companies that process personal data, as well as foreign companies with subsidiary offices or branches in Angola that process personal data. On the other hand, foreign companies with no presence in Angola, which do not use means located in Angolan territory to process personal data, would not be subject to the law.

The inclusion of this factor in the law is likely intended to ensure that entities operating within Angolan territory are held accountable for their data processing activities and are subject to the law's requirements.