• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
easy GDPR - we make compliance with GDPR easy

easyGDPR

We make implementing General Data Protection Regulation Easy

  • Home
  • Services
    • Software
      • easyGDPR Quickcheck
      • (DEP) easyGDPR lite
      • (DEP) easyGDPR Standard
      • Data Subject Requests
      • Sophos
    • IT Security
    • network checkup
    • SME digitization funding
    • Data protection consulting
      • Data protection
      • Cybersecurity
    • Training
      • Data protection
      • Cybersecurity
  • Partner
    • Resellerprogramm
    • Affiliate programm
  • GDPR
    • GDPR News
    • FAQ
    • GDPR Decisions
    • GDPR penalties
    • GDPR legal text
  • Shop
  • Contact
    • Contact
    • Newsletter registration
  • Login
    • Shop / Affiliate Program
    • easyGDPR Software
  • German
  • English

D124.1413/22 (2022-0.876.190), Data processing by a third country embassy located in ViennaD124.1413/22 (2022-0.876.190),

27/01/2023 by Jakob Guggenberger

In the decision of December 15, 2022, the data protection authority had to deal with the question of the extent to which an infringement of rights by an embassy of a third country located in Vienna can be asserted before the Austrian data protection authority.

In its assessment, the data protection authority considered its jurisdiction on the territory of the Republic of Austria pursuant to Art. 55 par. 1 GDPR taking into account that, under modern international law, embassies are not exclaves of another state, but are territorially assigned to the receiving state. However, it already results from the exception of the Art. 55 par. 2 GDPR the lack of competence of the Austrian data protection authority with regard to data processing by public authorities or private bodies of other Member States on the basis of Art. 6 par. 1 lit. c or e GDPR. Consequently, this must also apply to public authorities or private bodies whose data processing operations are attributable to a third country.

Moreover, the Vienna Convention on Diplomatic Relations, which was ratified by both the Republic of Austria and the third country concerned, had to be observed. According to its Art. 31 par. 1 diplomats enjoy, among other things, immunity from the administrative jurisdiction of the receiving state, even if, pursuant to Art. 41 par. 1 are obliged to observe the laws and other legal provisions of the receiving state – thus also the GDPR, which as a directly applicable legal act of the European Union is equivalent to national laws. By virtue of this provision of international law, the ambassador sent by the third country or the mission under his authority can therefore not be prosecuted by the Austrian data protection authority.

As a result, the complaint had to be rejected. The decision is legally binding.

Source: DSB Austria

Category iconGDPR Decisions

Primary Sidebar

IT-Security Whitepaper Downloaden
  • German
  • English
  • Data Protection Statement
  • Terms and Conditions
  • Imprint
  • Licence terms for easyGDPR
  • GDPR terms
We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking "Accept", you consent to the use of ALL the cookies.
SettingsAccept All
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled

Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.

Non Necessary

Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.

functionality

Diese Art von Cookies erhöht die Benutzerfreundlichkeit unserer Website. Beispielsweise wird darin die von Ihnen ausgewählte Sprache gespeichert. Auch die Verfügbarkeit von Videostreams und sonstigem Inhalt kann von diesen Cookies abhängig sein. Wenn Sie diese Cookies ablehnen, ist die Benutzerfreundlichkeit eingeschränkt.

Save & Accept