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Article
4
National
law applicable
1. Each
Member State shall apply the national provisions it adopts pursuant
to this Directive to the processing of personal data where:
(a) the
processing is carried out in the context of the activities of an
establishment of the controller on the territory of the Member
State; when the same controller is established on the territory of
several Member States, he must take the necessary measures to ensure
that each of these establishments complies with the obligations laid
down by the national law applicable;
(b) the
controller is not established on the Member State's territory, but
in a place where its national law applies by virtue of international
public law;
(c) the
controller is not established on Community territory and, for
purposes of processing personal data makes use of equipment,
automated or otherwise, situated on the territory of the said Member
State, unless such equipment is used only for purposes of transit
through the territory of the Community.
2. In
the circumstances referred to in paragraph 1 (c), the controller
must designate a representative established in the territory of that
Member State, without prejudice to legal actions which could be
initiated against the controller himself. |
