Do anti discrimination laws bind overseas service providers when the victims of their discrimination are in the jurisdiction of the law?

Question

Bob lives in Birmingham or perhaps Madrid. He joins an online club operated by an overseas entity based in Peru, or perhaps Chicago.

They incidentally find out that he is black and promptly cancel his membership in the group without notice, explaining that they don’t take kindly to his black likes. Legally speaking, if not practically, does Bob have recourse under the British or European anti discrimination laws as he would if the operator were European or British, or if the matter were one of data protection?

Answer 1

Based on the information provided, it is unlikely that Bob has recourse under British or European anti-discrimination laws in this scenario.

Firstly, the overseas entity may not fall under the jurisdiction of the UK or EU anti-discrimination laws. The laws generally apply to entities operating within the UK or EU, and it is unclear from the information provided whether the overseas entity has any operations or presence within these regions.

Moreover, even if the overseas entity was subject to UK or EU anti-discrimination laws, there may be limits on their extra-territorial application. For example, the UK Equality Act 2010 may only apply to acts of discrimination that have a "sufficiently close connection" with the UK.

However, Bob may have some recourse under the overseas entity's internal policies or terms of service. If the entity's cancellation of Bob's membership was in violation of their own policies or terms, he may have a contractual claim against them.

Additionally, depending on the circumstances, there may be data protection issues at play. If the overseas entity obtained and utilized Bob's personal information (including his race) unlawfully or in breach of data protection laws, he may have a claim against them.