The Personal and Domestic Use Exemption is used to limit the scope of applicability of the GDPR within the EU jurisdiction. This exemption excludes certain personal data processing activities from the GDPR's scope.

Text of relevant provision

Article 2(2)(c) of the GDPR states:

"This Regulation does not apply to the processing of personal data:

(c) by a natural person in the course of a purely personal or household activity;"

Recital 18 further elaborates:

"This Regulation does not apply to the processing of personal data by a natural person in the course of a purely personal or household activity and thus with no connection to a professional or commercial activity. Personal or household activities could include correspondence and the holding of addresses, or social networking and online activity undertaken within the context of such activities. However, this Regulation applies to controllers or processors which provide the means for processing personal data for such personal or household activities."

Original language:

"This Regulation does not apply to the processing of personal data by a natural person in the course of a purely personal or household activity and thus with no connection to a professional or commercial activity. Personal or household activities could include correspondence and the holding of addresses, or social networking and online activity undertaken within the context of such activities. However, this Regulation applies to controllers or processors which provide the means for processing personal data for such personal or household activities."

Analysis of provisions

The Personal and Domestic Use Exemption limits the GDPR's scope by excluding processing activities that are purely personal or household in nature. The key elements are:

1. The processing must be done "by a natural person" - this exemption does not apply to legal entities.
2. It must be "in the course of a purely personal or household activity" - the activity must be exclusively personal in nature.
3. There must be "no connection to a professional or commercial activity" - any professional or commercial aspect removes the exemption.

The recital provides examples of exempt activities, including "correspondence and the holding of addresses, or social networking and online activity" when done in a personal context.

However, the recital also clarifies that the GDPR still applies to "controllers or processors which provide the means for processing personal data for such personal or household activities." This means that while an individual's personal use of a social media platform may be exempt, the platform itself is still subject to GDPR obligations.

Implications

This exemption has several important implications:

1. It allows individuals to process personal data for their own private purposes without being subject to GDPR obligations. For example, maintaining a personal address book or sharing family photos online.
2. The exemption is narrow - any connection to professional or commercial activities removes it. For instance, a freelancer using a personal social media account for business networking would likely not be exempt.
3. The providers of services used for personal activities (e.g., social media platforms, cloud storage providers) remain fully subject to the GDPR, even if their users' activities are exempt.
4. The line between personal and non-personal use can be blurry, especially with the increasing use of personal devices and accounts for work purposes. Organizations need to be aware that employees' use of personal accounts or devices for work may bring that activity within the GDPR's scope.
5. While personal use is exempt, individuals should still be mindful of others' privacy rights when processing personal data, as other laws may still apply.

The Personal and Domestic Use Exemption thus serves to balance the need for comprehensive data protection with the practical realities of everyday personal data use by individuals. It prevents the GDPR from overreaching into purely private spheres while still maintaining protection where commercial or professional interests are involved.