Overview
- The Bundesgerichtshof heard the dispute on Thursday, July 30, 2026, after a medical assistant sued for €7,500 compensation when private WhatsApp chats were forwarded to her employer’s partner and led to her dismissal.
- The central legal question is the scope of Article 2(2)(c) of the GDPR—the so‑called household exception—and whether it bars GDPR claims when a private person forwards messages that the recipient can use in a work context.
- Lower courts split: the Landgericht Frankfurt found the forwarding violated the GDPR and awarded €7,500, while the Oberlandesgericht Frankfurt reversed and held the household exception applied so the GDPR did not govern the transfer.
- BGH judges signaled they may refer the interpretive question to the European Court of Justice, a step that would set binding EU precedent but is likely to delay a final German ruling by at least a year.
- In the meantime, victims can seek fast, court-ordered stop‑orders such as a sworn undertaking to halt dissemination, but wider legal uncertainty remains for everyday users who forward private chats.