Negotiating the EU data protection reform: Reflections on the household exemption

Abstract

The re-drafting of the household exemption comprises one of the main areas of dispute in the ongoing negotiations for the EU data protection reform. The aim of this paper is twofold: First, we present and critically assess the wording proposals that have been put forward mainly at EU institutional level and identify the particular areas which cause tension. Second, we concomitantly ask which is the most appropriate wording for the exemption in question and in particular, whether the household exemption should comprise a set of decisive criteria or whether it should provide a more general framework. We eventually argue for a broad wording of the Article 2(2)(d) coupled with the addition of further non-determinative criteria at Recital 15, i.e. the non-normative part of the proposed Regulation.