§ 1 NDSG
Subject matter and scope of application
(1)1This Part adopts supplementary provisions to the General Data Protection Regulation for the processing of personal data
(2)by authorities, organs of the administration of justice and other entities organised under public law
(3)of the Land,
(4)of the municipalities and
(5)of the other corporations, institutions and foundations governed by public law which are subject to the supervision of the Land
(6)and their associations regardless of their legal form (public bodies) as well as
(7)by persons and bodies outside the public sector (natural and legal persons, companies and other associations of persons governed by private law, insofar as they do not fall under number 1), insofar as public administration tasks have been transferred to them,
(8)insofar as the data processing falls within the material scope of application of the General Data Protection Regulation or the provisions of the General Data Protection Regulation are to be applied to the data processing pursuant to § 2. 2Persons and bodies pursuant to sentence 1 number 2 shall be public bodies within the meaning of the provisions of this Part insofar as public administration tasks have been transferred to them. 3§ 2(3) of the Federal Data Protection Act shall remain unaffected.
(9)For the courts and for the authorities of the public prosecution service, the provisions of this Part shall apply only insofar as they perform administrative tasks.
(10)For the Land Parliament, its members, the parliamentary groups and their respective administrations and employees, the provisions of this Part shall apply only insofar as they perform administrative tasks.
(11)Insofar as public bodies participate as undertakings in competition and process personal data in the exercise of their economic activity, the provisions applicable to non-public bodies shall apply to them, their associations and federations.
(12)For public-law credit institutions and public-law insurance institutions as well as their associations, § 12 of this Act shall apply, and otherwise the provisions applicable to non-public bodies.
(13)Special legal provisions on the processing of personal data shall take precedence over the provisions of this Part.