Home Privacy Law GDPR Article 2 GDPR (Material Scope)

Article 2 GDPR (Material Scope)

Article 2 GDPR (Material Scope)

Understanding Article 2 of GDPR

Processing of personal data

What activities are governed by GDPR?

Article 2 of GDPR provides the material scope in the application of the regulation.

The GDPR regulation will apply to all processing activities of personal data.

The processing can be:

  1. Wholly automated
  2. Partly automated
  3. Other than by automated means 

For example, if personal data forms part of a filing system, that’s considered to be the processing of personal data.

Non-application of GDPR

There are instances when personal data may be handled or processed but GDPR will not apply.

In what case will GDPR not apply?

Article 2 of GDPR outlines that the regulation will not apply to the following scenarios when personal data is used:

  1. Processing activities outside of the scope of the European Union law
  2. Activities of Member States falling within the scope of the Treaty of European Union
  3. A person using personal data purely for personal reasons or for the needs of their household 
  4. By the authorities to prevent and prosecute crimes and for the protection of public security

Processing of data by Europen Union institutions

As it relates to the processing of personal data with respect to Union institutions, bodies, offices and agencies, the Regulation (EC) No 45/2001 apply but their obligations must be adapted to the principles of GDPR.

Directive on electronic commerce

GDPR does not affect the application of Directive 2000/31/EC relating to electronic commerce except for the liability aspect.

Recitals applicable to Article 2 of GDPR

The following recitals are useful for a more in-depth understanding of Article 2 of GDPR:

Recitals: 13, 14, 15, 16, 17, 18, 19, 20, 21, 27

GDPR Regulation article-by-article overview

Read our comprehensive overview of the GDPR Regulation, article by article, where we summarize each of the 99 articles contained in GDPR to give you a complete understanding of its content. 

Cited Legislation

Commission Recommendation 2003/361/EC

Regulation (EC) No 45/2001

Directive (EU) 2016/680

Directive 2000/31/EC

GDPR Text: Article 2 of GDPR and relevant recitals

GDPR Text Source: EUR-Lex

Official GDPR Text: General Data Protection Regulation 

Official GDPR Title: 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), corrected by Corrigendum, OJL 127, 23.5.2018, p. 2 ((EU) 2016/679)

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