Senegal: Personal and Domestic Use Exemption
The provision under LAW N 2008-12 Art.3(1) clearly states that the law does not apply to data processing activities carried out by individuals for personal or household purposes, as long as the data is not intended for systematic communication to third parties or dissemination. This emphasizes the exemption of non-commercial, personal data processing activities from the law's scope.
The use of the phrase "Data processing carried out by an individual in the exclusive setting of personal or household activity" indicates that the law focuses on excluding activities that are strictly personal and non-commercial, ensuring that individuals' private data processing activities are not subject to the law's requirements.
Implications
For businesses, this means that any data processing activities that are not related to commercial or professional purposes and are carried out by individuals for personal or household use are exempt from the law's requirements. This includes activities such as:
- Personal data processing for family or household purposes.
- Data processing for personal hobbies or interests.
Conversely, the law applies to any data processing activities that are related to commercial or professional purposes, even if carried out by individuals.