§ 2 BlnDSG
Scope of Application
(1)This Act shall apply to the processing of personal data by authorities and other public bodies (in particular non-autonomous institutions, hospital operations, own operations and courts) of the Land of Berlin and legal persons under public law directly subject to the Land within the meaning of Section 44 of the Land Organisation Act of 10 July 2025 (GVBl. p. 270) as amended from time to time (public bodies).
(2)Regardless of the participation of non-public bodies, associations under private law that perform tasks of public administration and in which the Land of Berlin holds an absolute majority of the shares or an absolute majority of the votes shall also be deemed public bodies. Insofar as non-public bodies perform sovereign tasks of public administration, they shall, to that extent, be public bodies within the meaning of this Act.
(3)The House of Representatives, its members, the parliamentary groups and their respective administrations and employees shall not be subject to the provisions of this Act insofar as they process personal data for the performance of parliamentary tasks.
(4)For the processing of personal data by the public bodies competent for the prevention, investigation, detection, prosecution or sanctioning of criminal offences or administrative offences, including the protection against and the prevention of threats to public safety, only Part 1 and Part 3 of this Act shall apply, insofar as these bodies process personal data for the purpose of fulfilling these tasks.
(5)The provisions of this Act shall not apply insofar as the law of the European Union, in particular Regulation (EU) 2016/679 as amended from time to time, is directly applicable.
(6)By derogation from paragraphs 1 and 2, public bodies shall be deemed non-public bodies insofar as they participate in competition as undertakings. To that extent, only the provisions of Sections 4 to 6 and Section 20 and Section 22 shall apply to them. Otherwise, the provisions of the Federal Data Protection Act of 30 June 2017 (BGBl. I p. 2097) as amended from time to time applicable to non-public bodies shall apply to them, with the exception of Section 4 and Section 38 of the Federal Data Protection Act.
(7)By derogation from paragraph 1, Section 19 shall also apply to non-public bodies insofar as they process personal data in the exercise of the right to freedom of expression and information for journalistic, artistic or literary purposes. This shall not apply insofar as the processing is carried out exclusively for personal or family activities.
(8)Specific legal provisions on data protection shall take precedence over the provisions of this Act. Where they do not regulate, or do not exhaustively regulate, a matter to which this Act applies, the provisions of this Act shall apply.
(9)For the processing of personal data in the context of activities that do not fall within the scope of application of Regulation (EU) 2016/679 and Directive (EU) 2016/680, Regulation (EU) 2016/679 and Parts 1 and 2 of this Act shall apply accordingly, unless Part 4 or another Act provides otherwise.
(10)For processing for purposes pursuant to Article 2 of Regulation (EU) 2016/679, the Contracting States of the Agreement on the European Economic Area and Switzerland shall be treated as equivalent to the Member States of the European Union. Other states shall be deemed third countries in this regard.
(11)For processing for purposes pursuant to Article 1(1) of Directive (EU) 2016/680, the states associated with the implementation, application and development of the Schengen acquis shall be treated as equivalent to the Member States of the European Union. Other states shall be deemed third countries in this regard. zur Einzelansicht § 2 Kapitel 2 Rechtsgrundlagen der Verarbeitung personenbezogener Daten