1. The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1), including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
Article 21 GDPR - Right to object
2. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.
3. Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
4. At the latest at the time of the first communication with the data subject, the right referred to in paragraphs 1 and 2 shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information.
5. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
6. Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
Relevant Recitals
Frequently Asked Questions
Short answers to common questions about this provision. They are general information and not legal advice.
Paragraph 1 covers processing based on point (e) or (f) of Article 6(1), that is, tasks in the public interest or official authority and legitimate interests, including profiling based on those provisions. The data subject must invoke grounds relating to his or her particular situation, and the right is available at any time.
The controller must stop processing unless it demonstrates compelling legitimate grounds which override the interests, rights and freedoms of the data subject, or the processing serves the establishment, exercise or defence of legal claims. The burden of demonstration lies on the controller, and while that verification is pending the data subject may obtain restriction under point (d) of Article 18(1).
No. Paragraphs 2 and 3 give an unconditional right, since upon objection the data may no longer be processed for direct marketing purposes, including profiling related to that marketing. The data subject need not state any grounds, and the controller has no counter-argument to raise.
Paragraph 4 requires that the rights in paragraphs 1 and 2 be explicitly brought to the data subject's attention at the latest at the time of the first communication, presented clearly and separately from any other information. Burying the notice in a privacy policy alongside other content does not satisfy the separateness requirement.
Yes. Paragraph 6 grants a right to object, on grounds relating to the data subject's particular situation, to processing for scientific or historical research purposes or statistical purposes under Article 89(1), unless the processing is necessary for the performance of a task carried out for reasons of public interest. In the context of information society services, paragraph 5 additionally permits exercising the objection by automated means using technical specifications.