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This Directive does not apply to: (a) 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 accordance with common administrative practice in the Member State in question, provided that the scope of the public tasks is transparent and subject to review; (b) documents held by public undertakings: (i) produced outside the scope of the provision of services in the general interest as defined by law or other binding rules in the Member State; (ii) related to activities directly exposed to competition and therefore, pursuant to Article 34 of Directive 2014/25/EU, not subject to procurement rules; (c) documents for which third parties hold intellectual property rights; (d) documents, such as sensitive data, which are excluded from access by virtue of the access regimes in the Member State, including on grounds of: (i) the protection of national security (namely, State security), defence, or public security; (ii) statistical confidentiality; (iii) commercial confidentiality (including business, professional or company secrets); (e) documents access to which is excluded or restricted on grounds of sensitive critical infrastructure protection related information as defined in point (d) of Article 2 of Directive 2008/114/EC; (f) documents access to which is restricted by virtue of the access regimes in the Member States, including cases whereby citizens or legal entities have to prove a particular interest to obtain access to documents; (g) logos, crests and insignia; (h) documents, access to which is excluded or restricted by virtue of the access regimes on grounds of protection of personal data, and parts of documents accessible by virtue of those regimes which contain personal data the re-use of which has been defined by law as being incompatible with the law concerning the protection of individuals with regard to the processing of personal data or as undermining the protection of privacy and the integrity of the individual, in particular in accordance with Union or national law regarding the protection of personal data; (i) 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; (j) documents held by cultural establishments other than libraries, including university libraries, museums and archives; (k) documents held by educational establishments of secondary level and below, and, in the case of all other educational establishments, documents other than those referred to in point (c) of paragraph 1; (l) documents other than those referred to in point (c) of paragraph 1 held by research performing organisations and research funding organisations, including organisations established for the transfer of research results.

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Source: EUR-Lex CELLAR · retrieved 2026-08-15