2.

This Directive shall not apply to: documents the supply of which is an activity falling outside the scope of the public task of the public sector bodies concerned as defined by law or by other binding rules in the Member State, or in the absence of such rules as defined in line with common administrative practice in the Member State in question; documents for which third parties hold intellectual property rights; documents which are excluded from access by virtue of the access regimes in the Member States, including on the grounds of: the protection of national security (i.e. State security), defence, or public security, statistical or commercial confidentiality; documents held by public service broadcasters and their subsidiaries, and by other bodies or their subsidiaries for the fulfilment of a public service broadcasting remit; documents held by educational and research establishments, such as schools, universities, archives, libraries and research facilities including, where relevant, organisations established for the transfer of research results; documents held by cultural establishments, such as museums, libraries, archives, orchestras, operas, ballets and theatres.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-12 · Text as adopted (Official Journal); later amendments are not incorporated in this text.