Angola's Data Protection Law extends its applicability to data processing activities related to establishments within Angola, even if the processing occurs outside the country.

Text of Relevant Provisions

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

"This law applies to the processing of personal data carried out: in the context of the activities of a data controller established in the Republic of Angola, even if the said controller does not have its headquarters in Angolan territory;"

Original (Portuguese):

"A presente lei aplica-se ao tratamento de dados pessoais efectuados no âmbito das actividades do responsável pelo tratamento estabelecido na República de Angola, ainda que o referido responsável não tenha a sua sede em território angolano;"

Analysis of Provisions

The Data Protection Law of Angola explicitly addresses the applicability of the law to data processing activities connected to establishments within Angola. Article 3(2)(b) states that the law applies to data processing "in the context of the activities of a data controller established in the Republic of Angola". This provision ensures that the law's scope extends to data controllers with a presence in Angola, regardless of where their headquarters are located.

The phrase "even if the said controller does not have its headquarters in Angolan territory" is particularly significant. It indicates that the law applies to foreign entities that have established some form of presence in Angola, such as a branch office or subsidiary. This extension of applicability is based on the connection between the data processing activities and the establishment in Angola, rather than the location of the company's headquarters.

Implications

This provision has several important implications for businesses operating in or connected to Angola:

1. Foreign companies with any form of establishment in Angola must comply with the Angolan Data Protection Law for data processing activities related to that establishment, even if the actual processing occurs outside Angola.
2. The law may apply to data processing activities of multinational corporations if they have a branch, office, or other forms of establishment in Angola, regardless of where their main operations or data processing centers are located.
3. Companies need to carefully assess their organizational structure and the nature of their activities in Angola to determine whether they fall under the law's scope.
4. Businesses should be aware that simply having a presence in Angola could subject their data processing activities to Angolan data protection regulations, potentially requiring them to adapt their data handling practices to comply with local laws.
5. This provision may lead to situations where a company is subject to both Angolan data protection law and the data protection laws of other jurisdictions where they operate or process data, potentially creating complex compliance scenarios.