Material Applicability

The DSG's material scope is defined by the following factors:

• Automated Means Criterion
• Filing System Criterion
• Prospective Filing System Inclusion
• Personal and Domestic Use Exemption
• Government and Public Agency Exemption
• Exemption for Parliamentary Deliberations
• Judicial Proceedings and Court Records Exemption

Automated Processing and Filing Systems

DSG Art. 2(1):

"This Act shall apply to the processing of personal data by public bodies. For non-public bodies, this Act shall apply 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 with the exception of processing personal data by a natural person in the course of a purely personal or domestic activity."

The law covers:

• Processing by automated means (wholly or partly)
• Manual processing if data is part of or intended for a filing system
• Both public and non-public bodies

Exemptions and Limitations

DSG Art. 2(5):

"This Act shall not apply to: a) debates held in Parliament and its Commissions as well as the Judge Appointment Board; b) pending civil proceedings and administrative procedures; c) proceedings pending before the Constitutional Court; d) activities of the Financial Audit Office."

Key exemptions include:

• Parliamentary activities and deliberations
• Judicial and administrative proceedings
• Constitutional Court proceedings
• Financial Audit Office activities

Territorial Applicability

The DSG's territorial scope is primarily determined by the Processing in Context of Local Establishment factor.

DSG Art. 2(3):

"This Act shall apply to public bodies. It shall apply to non-public bodies if: a) the controller or processor is processing data in Liechtenstein; b) the processing of personal data takes place in the context of the activities of an establishment of a controller or a processor in Liechtenstein; or c) the controller or processor does not have an establishment in the EEA but falls within the scope of Regulation (EU) 2016/679."

The law applies to:

• Data processing within Liechtenstein
• Processing related to establishments in Liechtenstein
• Non-EEA controllers/processors falling under GDPR scope