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I want to request the "Right to be forgotten" from a company that complies with the GDPR regulations. In the email, I have included the below:

As laid down in Article 12(3) GDPR, you have to confirm the erasure to me without undue delay and in any event within one month of receipt of the request. If you do not answer my request within the stated period, I am reserving the right to take legal action against you and to lodge a complaint with the responsible supervisory authority.

I am not a EU citizen, nor do I reside in the EU, but I want to make the request. In case the company finds out that I am not a EU citizen nor a resident, can the company take legal action on me?

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  • Whether GDPR applies does not depend on your citizenship in any way. Is your question whether you might be covered by GDPR data subject rights, or whether claiming that GDPR would apply might be some kind or fraud or other actionable misrepresentation? If so, which jurisdiction would be relevant to you?
    – amon
    Aug 13, 2022 at 19:03
  • In general, laws that protect citizens only are rare; most laws protect all residents, often including illegal residents, or anyone happening to be present in a country. So a US law may very well not protect a US citizen living in Germany, but protect a German tourist in the USA.
    – gnasher729
    Aug 14, 2022 at 8:55

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No, but not for the reason you think

For a controller resident in the EU or UK, GDPR applies irrespective of where the data subject is or their nationality.

However, the violation of the GDPR does not give a right to sue. If the controller does not comply, you can complain to the regulator in their country of residence and it’s up to the regulator to take action.

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