General Data Protection Regulation

Article 2

Material scope

1. This Regulation applies to the processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system.

2. This Regulation does not apply to the processing of personal data:

3. For the processing of personal data by the Union institutions, bodies, offices and agencies, Regulation (EC) No 45/2001 applies. Regulation (EC) No 45/2001 and other Union legal acts applicable to such processing of personal data shall be adapted to the principles and rules of this Regulation in accordance with Article 98.

4. This Regulation shall be without prejudice to the application of Directive 2000/31/EC, in particular of the liability rules of intermediary service providers in Articles 12 to 15 of that Directive.

Holdings

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C-474/2414 Jul 2026

AR and Others v Österreichische Datenschutzbehörde and Others

1. Article 2(2)(a) of Regulation (EU) 2016/679 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 and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), read in conjunction with the first sentence of Article 16(2) TFEU,

must be interpreted as meaning that processing of personal data consisting in the publication, pursuant to national anti-doping rules, of the names of athletes sanctioned for infringing those rules, the sports discipline practised by them, the infringement of those rules that has been committed, the sanction imposed on those athletes, and the start and end dates of that sanction, comes within the scope of EU law and, accordingly, within the scope of that regulation.

C-312/244 Jun 2026

CL v Prokuratura na Republika Bulgaria

1. Article 2(1) of Regulation (EU) 2016/679 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 and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), and Article 9(1) 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

must be interpreted as meaning that that regulation applies to the activity carried out by the directorate of a public authority, consisting in storing in the personnel file of one of its officers data relating to his status as a suspect in a criminal investigation. It is irrelevant in that regard that that directorate obtained those data through another directorate belonging to the same public authority, the latter directorate being empowered to conduct that type of investigation.

C-33/2216 Jan 2024

Österreichische Datenschutzbehörde v WK

The activities of a committee of inquiry set up by a Member State parliament to scrutinise the executive are not, as such, activities concerning national security outside EU law, even where the committee is investigating a police State-protection authority because of suspected political influence over it.

C-817/1921 Jun 2022

Ligue des droits humains ASBL v Conseil des ministres

Under Article 2(2)(d) and Article 23 of Regulation (EU) 2016/679, the GDPR applies to the personal-data processing envisaged by national legislation transposing Directive 2004/82, Directive 2010/65 and Directive (EU) 2016/681, as regards: (i) processing by private operators; and (ii) processing by public authorities covered, solely or in addition, by Directive 2004/82 or Directive 2010/65. It does not apply to processing envisaged by that legislation where the processing is covered only by Directive (EU) 2016/681 and is carried out by the passenger information unit (PIU) or by the authorities competent for the purposes referred to in Article 1(2) of that directive.