German Federal Court seeks ECJ ruling on GDPR household exemption

The German Federal Court of Justice (BGH) has referred two cases to the European Court of Justice (ECJ) to clarify the scope of the GDPR’s ‘household exemption’. This exemption typically excludes data processing carried out by individuals for purely personal or family activities from strict European data protection rules.

The first case involves a dispute where a woman forwarded private WhatsApp messages from a former friend to the friend's employer following a disagreement. This action resulted in the friend losing her job. The second case concerns unauthorized video surveillance within a family home, where recordings were allegedly made secretly and shared.

The BGH seeks to determine how the terms ‘personal’ and ‘family’ activities should be defined and whether the purpose of the data processing must be considered when determining if the GDPR applies. The ruling will establish whether private actions that have consequences outside the immediate family or social circle remain exempt from data protection regulations.