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GDPR Art. 21 EN
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Right to object

In force — consolidated2016-05-04 · CELEX 02016R0679-20160504 · ELI ↗
Version history 2
  • 2016-05-04in force CELEX 02016R0679-20160504
  • 2016-04-27 CELEX 32016R0679
  1. 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.

  2. 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. 3.

    Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.

  4. 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. 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. 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.

Enforcement

Cited in 131 fines totalling €101.4M

Top authority: 🇪🇺Italian Data Protection Authority (Garante) (38) · median fine €9,850 · see all enforcement for Art. 21 →

Connections by provision

21(1) 61 Case Law 22 Enforcement 20 Guidance 1 Literature .md
21(2) 28 Case Law 24 Enforcement 16 Guidance .md
21(3) 6 Case Law 11 Enforcement 14 Guidance .md
21(4) 6 Case Law 8 Enforcement 8 Guidance .md
21(5) 4 Guidance 1 Literature 1 News .md
21(6) 3 Guidance .md