General Data Protection Regulation

Article 21

Right to object

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. 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.

Holdings

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C-394/239 Jan 2025

Mousse v Commission nationale de l'informatique et des libertés (CNIL) and SNCF Connect

When assessing whether processing is necessary under point (f) of the first subparagraph of Article 6(1) of Regulation 2016/679, it is not necessary to take into account the possible existence of the data subject's right to object under Article 21 of that regulation.

C-26/227 Dec 2023

UF and AB v Land Hessen

A data subject can require the controller to erase personal data concerning him or her without undue delay if he or she objects to the processing under Article 21(1) and there are no overriding legitimate grounds that exceptionally justify that processing.