Reply to post: Re: Yeah, but common sense, too...

Oi, force Microsoft to cough up emails on Irish servers to the Feds, US states urge Supremes

Lysenko

Re: Yeah, but common sense, too...

Not quite. GDPR as it stands also applies to personal data stored in the EU about natural persons residing outside the EU.

Under a plain reading of Recital 14, yes however that is subject to the provisions of Art. 2 S2(a) which provides limitations and Art. 3 S1 which is ambiguous in terms of the interpretation of the word "establishment" due to the second clause of the sentence. This sort of thing will take case law to clarify so, as things stand, one can only be certain that GDPR protects the personal data of persons resident within or citizens of the EU in the context of activities taking place within the jurisdiction of the ECJ (Art. 2).

POST COMMENT House rules

Not a member of The Register? Create a new account here.

  • Enter your comment

  • Add an icon

Anonymous cowards cannot choose their icon