§ 2 SDSG
Scope of application of the Act
(1)1This Act applies to the processing of personal data within the scope of application of Regulation (EU) 2016/679 by the authorities and other public bodies of the Land, municipalities and municipal associations, as well as other legal persons under public law subject to the supervision of the Land (public bodies). 2Associations, regardless of their legal form, that perform tasks of public administration and in which one or more of the bodies referred to in sentence 1 hold an absolute majority of shares or an absolute majority of votes shall also be deemed public bodies; the same shall apply to further participations of such associations. 3Where non-public bodies perform sovereign tasks of public administration, they shall be deemed public bodies within the meaning of this Act to that extent. 4This Act shall apply to the state parliament, the courts, the Court of Auditors and the authorities of the public prosecution service only insofar as they perform administrative tasks; in addition, only the provisions of the Fifth Section shall apply to the authorities of the public prosecution service insofar as they do not perform administrative tasks.
(2)The state parliament, 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 in the performance of parliamentary tasks and are required to apply the data protection regulation adopted by the state parliament.
(3)1Insofar as public-law enterprises participate in competition, they shall be deemed non-public bodies. 2With the exception of the provisions on the supervisory authority, 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, including the criminal and administrative offence provisions, shall apply in addition to Regulation (EU) 2016/679.
(4)The provisions of this Act shall take precedence over those of the Saarland Administrative Procedure Act insofar as personal data are processed in the investigation of the facts of the case.
(5)1Specific legal provisions of the Federation or the Land on data protection shall take precedence over the provisions of this Act. 2Where they do not regulate, or do not exhaustively regulate, a matter to which this Act applies, the provisions of this Act shall apply. 3The obligation to maintain statutory confidentiality obligations or professional or special official secrets that are not based on statutory provisions shall remain unaffected.
(6)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. zur Einzelansicht § 2