Chapter 3 · Rights of the Data Subject

Article 21Right to object

All 99 Articles Chapter 3: Rights of the Data Subject

People can object to processing based on legitimate interests or public task, and have an absolute right to object to direct marketing — at which point you must stop using their data for it.

Key points

  • Objection to direct marketing is absolute and must be honoured.
  • For other bases, you must stop unless you show compelling legitimate grounds.

Official text & source

Article 21 of the General Data Protection Regulation (Regulation (EU) 2016/679). Read the full, authoritative text on EUR-Lex.

Official text on EUR-Lex

Official text

Verbatim text of Article 21 of the General Data Protection Regulation — Regulation (EU) 2016/679.

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. 2 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.

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.

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

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.

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.

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.

Source: Regulation (EU) 2016/679 (OJ L 119, 4.5.2016, p. 1). Official text reproduced from EUR-Lex — © European Union. Only European Union legislation published in the Official Journal is deemed authentic.

Related articles

These summaries are a plain-English orientation only and are not a substitute for the official text of the Regulation or for legal advice.

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