§ 2 SächsDSG
Scope of application
(1)1This Act applies to the processing of personal data within the scope of application of Regulation (EU) 2016/679 by authorities and other public bodies of the Free State of Saxony, municipalities and districts, as well as other legal persons under public law subject to the supervision of the Free State of Saxony (public bodies). 2Where non-public bodies perform sovereign tasks of public administration, they shall be deemed public bodies within the meaning of this Act to that extent. 3This Act applies to the state parliament only insofar as it acts in administrative matters. 4Insofar as the state parliament, its committees, its members, the parliamentary groups and their employees, as well as the parliament's administration process personal data in the performance of parliamentary tasks, the state parliament shall adopt a data protection regulation taking into account its constitutional status.
(2)1Legal persons and other associations under private law in which one or more of the legal persons under public law mentioned in paragraph 1 hold an absolute majority of shares or an absolute majority of votes shall also be deemed public bodies. 2Where a legal person or other association under private law that is deemed a public body pursuant to sentence 1 participates in another association under private law, sentence 1 shall apply accordingly.
(3)For the Sachsen-Finanzgruppe, savings banks, other public-law enterprises with their own legal personality, and bodies pursuant to paragraph 2 that participate in competition, 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 in addition to Regulation (EU) 2016/679.
(4)1For the processing of personal data that does not fall within the material scope of application pursuant to Article 2(1) of Regulation (EU) 2016/679 or that takes place in the context of an activity that does not fall within the scope of application of that Regulation pursuant to Article 2(2)(a) of Regulation (EU) 2016/679, Articles 4 to 26, Article 28(1) to (5), (9) and (10), Articles 29 to 35(1) to (3) and (7) to (11), Articles 36 to 39, 44 to 46(1) to (3), Articles 48, 49, 55, 57 to 59, 77 and 82 of Regulation (EU) 2016/679 shall apply accordingly in addition to this Act, unless this Act or other specific legal provisions contain deviating rules. 2Articles 30, 35(1) to (3) and (7) to (11) and Article 36 of Regulation (EU) 2016/679 shall, by derogation from sentence 1, only apply insofar as the processing is carried out by automated means or the data are stored or are intended to be stored in a filing system.
(5)Insofar as specific legal provisions of the Free State of Saxony or the Federal Government regulate the protection of personal data, they shall take precedence over the provisions of this Act.