What is the GDPR household exemption?

What the exemption says

Article 2(2)(c) of the GDPR takes some activity out of the law's scope. The European Data Protection Board (EDPB) explains it in its guidelines on video devices. They say the GDPR does not cover a person who uses personal data in a purely personal or household activity. That can include online activity.

The guidelines give examples that fall under the exemption:

• a tourist who films a holiday and shows the footage only to friends and family
• a mountain biker who films a ride in a remote area only to watch at home

The exemption must be read narrowly, the guidelines say. They cite two rulings of the EU Court of Justice. In the 2003 Lindqvist case, the court said publishing data on the internet for an indefinite number of people is not a household activity. In the 2014 Ryneš case, it said the same about a home camera that records constantly and covers even part of a public space.

How it applies to smart glasses

The EDPB's Statement 1/2026 applies the same test to smart glasses. A wearer is outside the GDPR when sharing a photo or video only with a family member or friend. Using the glasses for personal translation in a private setting is also covered.

The exemption does not apply when footage goes to an indefinite number of people on a public social media account. It also does not apply to official, professional or political use. In those cases the wearer is a controller and must meet all GDPR duties.

The exemption covers only the wearer. The statement says the GDPR still applies to makers of the glasses and to providers of linked apps and AI services. Other laws, including criminal law, can still apply to the wearer.

Germany's federal and state data protection authorities made a similar point in a September 24, 2026 release. They said GDPR duties apply to recording people outside the household exemption. That includes private individuals who capture other people's data, or make it available, outside their family circle.