17.13 A few examples will suffice to indicate some of the main approaches taken by other countries in determining the territorial scope of their data protection laws. The French law fixes legal liability on data users involved in even the partial processing of personal data (eg collection) within France. If the processing is ' carried out by a foreign data user s agent (eg a computer bureau), that agent must be identified in the declaration as the foreign data s representative and as such is subject to the law. This ensures ' user that legal redress is always available against someone present within the country. 17.14 The UK law focuses not on whether processing takes place within that country, but on whether control over such data is exercised within the UK. This may result in a broader territorial sweep to the UK law, as compared with its French counterpart, in that the UK law applies where control is exercised within the UK, even if the processing is carried out elsewhere. As regards computer bureaus, however, the determining factor is whether the processing is carried out in the UK. 17.15 A further variant is provided by the Netherlands law, whose territorial scope is primarily determined by whether the file is located within the country. Nugter points out that a consequence of this diversity of approaches to territorial application is that of potential overlap. A file located in the Netherlands and processed in France by a computer bureau at the behest of a UK based data controller will be subject to laws ofall three countries. Conversely, the application ofdifferent tests may result in no law being applied. 28

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents