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Andorra: APDA releases interpretation of personal and domestic exemption under data protection law

The Andorran data protection authority (APDA) announced, on August 1, 2023, on LinkedIn, that it had issued, on July 21, 2023, guidelines for the personal and domestic activity exemption under Article 2(4)(a) of Law 29/2021, of 28 October, of Personal Data Protection (the Law), as further detailed by Article 2(2) of Implementing Decree 391/2022. In particular, the guidelines note that, due to the number of inquiries received since the entry into force of the Law, the APDA considered it necessary to set out the criteria for the interpretation of the exemption in question, especially in light of the concept of 'particular economic activity that exceeds the private sphere' laid down under Article 2(2) of the Implementing Decree 391/2022. 

Further to the above, according to the guidelines, one of the factors that might cause a particular activity to not qualify for the personal or domestic use exemption is whether such activity is carried out with a lucrative interest. Therefore, the guidelines specify that an activity will be considered to have a profitable interest when its main purpose is to obtain profits or economic benefits, that is, when a person carries out an activity with the specific intention of generating income for their economic benefit, or when the activity is carried out regularly and continuously, rather than as an isolated or sporadic action.

Moreover, the guidelines provide that, in the case of user activity on social networks, in order to determine whether personal data processing is included within the exemption under Article 2(4)(a) of the Law, the following circumstances will have to be taken into account:

  • if the personal data is disseminated to an indefinite number of people, instead of a limited community of friends, family, or acquaintances;
  • if the data can be indexed by search engines; and
  • if the social network is used as a collaboration platform by an association or a company.

You can read the announcement here and the guidelines here, both only available in Catalan.