Applicability of Tunisia's Organic Act No. 2004-63 on Data Protection

Tunisia has established a legal framework for the protection of personal data through dedicated legislation. The primary role of data protection regulation in Tunisia is fulfilled by the Organic Act No. 2004-63 of July 27, 2004 on the Protection of Personal Data (**Loi organique n° 2004-63 du 27 juillet 2004, portant sur la protection des données à caractère personnel, which serves as the foundational legal instrument governing personal data protection within the country.

The Organic Act No. 2004-63 of July 27, 2004 on the Protection of Personal Data was adopted on July 27, 2004 and became effective on the same date. This legislation establishes the legal framework for personal data protection in Tunisia through organic law provisions.

Material Applicability

The material scope of Tunisia's Act No. 2004-63 of 27 July 2004 on the Protection of Personal Data encompasses one key exclusion:

• Personal and Domestic Use Exemption

Relevant Legal Provisions

Act No. 2004-63 Article 2:

"This law applies to automated processing, as well as non-automated processing of personal data implemented by individuals or by legal entities."

Act No. 2004-63 Article 3:

"This law does not apply to the processing of personal data for purposes not exceeding personal or family use, provided they are not transmitted to third parties."

Analysis of Material Scope

The law establishes a broad scope of application covering both automated and non-automated processing of personal data, regardless of whether the data controller is a natural person or legal entity.

The personal and domestic use exemption creates a specific carve-out from the law's applicability. This exemption is subject to two cumulative conditions:

• The processing must be exclusively for personal or family purposes
• The data must not be transmitted to third parties

The presence of either professional/commercial use or third-party transmission would bring the processing within the law's scope.

Territorial Applicability

The law does not contain explicit provisions regarding territorial applicability.