§ 2 HmbDSG
Scope of application
(1)This Act shall apply to the processing of personal data by the following bodies and institutions of the Free and Hanseatic City of Hamburg (public bodies): 1. authorities, 2. the Court of Audit, 3. the Parliament, the courts and the authorities of the public prosecutor's office, insofar as they perform administrative tasks, 4. legal persons governed by public law under the supervision of the Free and Hanseatic City of Hamburg and their institutions organised under public law, 5. bodies insofar as they perform sovereign tasks as authorised entities, 6. other bodies or institutions organised under public law.
(2)For legal persons, companies and other associations of persons governed by private law in which the Free and Hanseatic City of Hamburg or a legal person governed by public law under its supervision holds a stake, the provisions of Regulation (EU) 2016/679 and of the Federal Data Protection Act of 30 June 2017 (BGBl. I p. 2097) concerning non-public bodies shall apply in their respectively applicable version.
(3)Insofar as public bodies within the meaning of paragraph 1 participate as undertakings in competition, the provisions of Regulation (EU) 2016/679 and of the Federal Data Protection Act concerning non-public bodies in their respectively applicable version shall apply to them, without prejudice to other legal bases.
(4)This Act shall not apply to public bodies insofar as their activities fall within the scope of Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ EU No L 119, p. 89).
(5)The Parliament, its members, its committees, the parliamentary groups and their administrations shall not be subject to the provisions of this Act insofar as they process personal data for the performance of parliamentary tasks and the data protection rules to be adopted by the Parliament are to be applied.
(6)Where the processing of personal data by the public bodies designated in paragraph 1 does not fall within the scope of application of Regulation (EU) 2016/679, its provisions shall apply mutatis mutandis, unless this Act or other specific legal provisions contain derogating rules. zur Einzelansicht § 2