§ 2 BbgDSG
Scope of application
(1)This Act shall apply to the authorities, institutions and other public bodies of the Land, the municipalities and associations of municipalities, as well as to other legal persons governed by public law subject to the supervision of the Land or of the municipalities or associations of municipalities, and their associations (public bodies), insofar as they process personal data. For the courts and the authorities of the public prosecutor's office, this Act shall apply insofar as they perform administrative tasks; in addition, for the authorities of the public prosecutor's office, insofar as they do not perform administrative tasks, only the provisions of Section 4 shall apply. Where a non-public body performs sovereign tasks of a public body of the Land, it shall to that extent be a public body within the meaning of this Act.
(2)The Landtag, its committees, its members, the parliamentary groups and their administrations and their employees shall not be subject to the provisions of this Act insofar as they process personal data for the performance of parliamentary tasks. The Landtag shall, in that regard, adopt a data protection code taking into account its constitutional status, the principles of Regulation (EU) 2016/679 and this Act.
(3)This Act shall not apply insofar as public bodies pursuant to paragraph 1 participate in competition and process personal data for economic purposes or objectives. The provisions applicable to non-public bodies shall apply to such bodies in that regard.
(4)Public bodies of the Land that participate in competition as public-law undertakings shall be deemed to be non-public bodies.
(5)The provisions of Regulation (EU) 2016/679 in conjunction with this Act shall take precedence over those of the Administrative Procedure Act for the Land of Brandenburg insofar as personal data are processed.
(6)Insofar as the processing of personal data by public bodies does not fall within the material scope of application of Regulation (EU) 2016/679, its provisions and the provisions of this Act shall apply mutatis mutandis, unless this Act or other specific legal provisions contain derogating rules. Articles 30, 35 and 36 of Regulation (EU) 2016/679 shall apply only insofar as the processing is carried out by automated means or the data are stored or are intended to be stored in a filing system.
(7)Einzelnorm