§ 5 DSG NRW
Scope of application
(1)Part 2 of this Act shall apply to the processing of personal data by the authorities, institutions and other public bodies of the Land, the municipalities and municipal associations, as well as other legal persons governed by public law subject to the supervision of the Land and their associations regardless of their legal form (public bodies). Without prejudice to the provision of sentence 1, schools of municipalities and municipal associations shall, insofar as they process personal data in internal school matters, be deemed public bodies within the meaning of this Act. Where a non-public body performs sovereign tasks of a public body of the Land, it shall be deemed a public body within the meaning of this Act.
(2)Public bodies within the meaning of this Act shall also include natural and legal persons governed by private law, insofar as they have been delegated administrative powers and perform sovereign tasks of public administration.
(3)Part 2 of this Act shall apply to the Landtag insofar as it performs administrative tasks.
(4)Part 2 of this Act shall apply to the State Court of Auditors and the State Audit Offices, the courts and the public prosecution authorities, insofar as they perform administrative tasks.
(5)Part 2 of this Act shall not apply, with the exception of Chapter 3, Section 1, Chapter 5 and Section 32, insofar as
(6)1. economic enterprises of municipalities or municipal associations without separate legal personality (municipal enterprises),
(7)2. public institutions that are operated in accordance with the provisions governing municipal enterprises,
(8)3. Land enterprises, or
(9)4. legal persons governed by public law subject to the supervision of the Land or of municipalities or municipal associations that participate in competition, and the NRW.BANK,
(10)process personal data for economic purposes or objectives. Insofar as universities within the meaning of Section 1 of the Act on the Universities of the Land of North Rhine-Westphalia (Higher Education Act - HG) perform tasks pursuant to Section 3 of the Act on the Universities of the Land of North Rhine-Westphalia (Higher Education Act - HG), sentence 1 shall not apply.
(11)Insofar as this Act does not apply pursuant to sentence 1, the provisions for non-public bodies, with the exception of Sections 4, 22, 26 to 28 of the Federal Data Protection Act of 30 June 2017 (BGBl. I p. 2097) in the version applicable from time to time, shall apply accordingly.
(12)Insofar as special legal provisions are applicable to the processing of personal data, they shall take precedence over the provisions of Part 2 of this Act. Where legal provisions do not regulate, or do not conclusively regulate, a matter to which this Act applies, the provisions of this Act shall apply to that extent.
(13)The provisions of Sections 22-24 and 33 of the Act on Copyright in Works of Fine Arts and Photography (KunstUrhG) of 9 January 1907, as last amended by Article 3, Section 31 of the Act of 16 February 2001 in the version applicable from time to time, shall remain unaffected for the bodies falling under this Act pursuant to Section 5.
(14)The provisions of Regulation (EU) 2016/679 and the provisions of Part 2 of this Act shall apply accordingly to processing operations that do not fall within the scope of Union law, unless this Part or other special legal provisions contain derogating provisions. This shall not apply to the bodies referred to in paragraphs 3 and 4. In the case of analogous application, the provisions on judicial remedies pursuant to Section 20 of the Federal Data Protection Act shall apply.
(15)For processing operations that do not fall within the scope of application of Article 2(1) of Regulation (EU) 2016/679, Articles 13 and 14 of Regulation (EU) 2016/679 shall not apply.
(16)Implementing provisions for Regulation (EU) 2016/679
(17)Principles of the processing of personal data