The Federal Court of Justice (BGH) has referred questions to the Court of Justice of the European Union (CJEU) concerning the interpretation of the “household exception” within the General Data Protection Regulation (GDPR). The BGH announced this decision on Thursday.
The court’s inquiry pertains specifically to two proceedings that deal with applying the GDPR to private data processing. The central issue revolves around defining the scope of “personal” and “family” activities, and whether the purpose of data processing must be considered under these exceptions.
In the first case (I ZR 256/25), the dispute concerned the forwarding of private chat messages. Both the plaintiff and the defendant were friends who had been communicating confidentially via a messenger service regarding the working environment of the plaintiff’s doctor’s practice. The plaintiff’s employer and her partner-who was the practice’s office manager-were aware of their mutual acquaintances. Following a breakdown in their relationship, the defendant shared the conversation with the office manager of the doctor’s practice. Consequently, the plaintiff’s employment contract was terminated, leading the plaintiff to claim infringement of her rights. The appellate court had dismissed the lawsuit, ruling that the GDPR was not applicable because the defendant was acting in a personal capacity.
The second case (I ZR 289/25) involves video surveillance within a residential kitchen. The plaintiff, whose heirs continue the legal action, contested the legality of the surveillance and the subsequent dissemination of the footage. Similar to the first case, the appellate court also determined that the GDPR was not applicable because the surveillance was strictly confined to the defendant’s private sphere. The BGH now seeks clarification from the CJEU regarding whether the GDPR applies in such circumstances, and what prerequisites must be met for its application.
