The BVI DPA does not explicitly mention the physical location or residency of data subjects as a factor for determining the law's applicability. Instead, Article 4 focuses on the establishment of data controllers and processors within the British Virgin Islands.

Article 4(4)(a) defines one of the criteria for considering a person as "established in the Virgin Islands." It states that "a person who is physically in the Virgin Islands for a period of not less than one hundred and eighty days in one calendar year" is treated as established in the jurisdiction. This provision is more relevant to determining the establishment of data controllers or processors rather than the location of data subjects.

The law's applicability is primarily based on two factors outlined in Article 4(2):

1. The data controller or processor is established in the Virgin Islands and processes personal data or engages others to process data on their behalf.
2. The data controller or processor is not established in the Virgin Islands but uses equipment in the Virgin Islands for processing personal data (except for transit purposes).

Implications

While the physical location or residency of data subjects is not directly used as a factor for determining the law's applicability, the provisions have several implications for businesses:

1. Companies physically present in the British Virgin Islands for at least 180 days in a calendar year are considered established in the jurisdiction, making them subject to the BVI DPA when processing personal data.
2. The law applies to data processing activities carried out by entities established in the British Virgin Islands, regardless of the data subjects' location or residency.
3. Non-BVI companies using equipment in the British Virgin Islands for data processing (except for transit) are also subject to the law, irrespective of the data subjects' location.
4. Companies not established in the BVI but processing data of BVI residents or individuals physically present in the BVI might still fall outside the scope of the law if they don't use equipment in the BVI for processing.
5. Organizations must carefully assess their physical presence and data processing activities in the British Virgin Islands to determine if they are subject to the BVI DPA, rather than focusing on the location or residency of the data subjects they process data about.