What is the territorial scope of the Act on the Protection of Personal Data?
The above mentioned issue is regulated in Article 3 of the Act of August 29, 1997 on the Protection of Personal Data (unified text: Journal of Laws of 2002, No. 101, item 926, with amendments).
The provisions of the Act shall apply to the entities - which are processing personal data for business or professional activity purposes or for the implementation of statutory objectives - having a seat or residing in the territory of the Republic of Poland or in the third country, if they are involved in the processing of personal data by means of technical devices located in the territory of the Republic of Poland. The Act shall not apply to the entities having a seat or residing in the third country (that is outside of the European Economic Area), and making use of technical devices located in the territory of the Republic of Poland for the transfer of personal data exclusively. In case of the entities having a seat in the European Economic Area the provisions of the Act on the Protection of Personal Data shall not apply.


