Discover which type of “natural person” processing personal data is not exempt from the material scope of the EU’s General Data Protection Regulation (GDPR). Learn about the key exclusions and inclusions under GDPR Article 2(2)(c).
Table of Contents
Question
Which of the following type of “natural person” is NOT exempt from the material scope of the GDPR. Insofar as the processing of personal data is concerned?
A. A natural person in the course of a large-scale but purely personal or household activity.
B. A natural person processing data for a small-scale, purely personal or household activity.
C. A natural person in the course of processing purely personal or household data on behalf of a spouse who is beyond the age of majority.
D. A natural person in the course of an activity conducted purely for a personally-owned sole proprietorship.
Answer
D. A natural person in the course of an activity conducted purely for a personally-owned sole proprietorship.
Explanation
The material scope of the GDPR, as defined in Article 2(2)(c), does not apply to the processing of personal data “by a natural person in the course of a purely personal or household activity.” This exemption covers activities that are exclusively personal, family-related, or domestic in nature, without any connection to a professional or commercial activity.
However, a sole proprietorship, even if personally-owned, is considered a professional or commercial activity. Therefore, a natural person processing personal data in the course of running a sole proprietorship, regardless of its size, would still fall within the material scope of the GDPR and must comply with its obligations.
Options A and B are both exempt because they involve purely personal or household activities, albeit at different scales. Option C is also exempt because it involves processing personal data on behalf of a spouse for purely personal or household purposes, which falls under the “household exemption.”
In summary, while most processing by natural persons for personal or domestic purposes is exempt, processing in the course of professional activities like running a sole proprietorship is not, making option D the correct answer.
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