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RGPD

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.

Common Questions

Frequently Asked Questions

What does it mean to have the right to object?
It means that individuals can request that their personal data is no longer processed under certain circumstances, especially if the processing is based on the controller’s legitimate interests or public interest.
When can someone object to the processing of their personal data?

Individuals can object at any time if the processing is based on:

  • Public interest tasks or legitimate interests (Article 6(1)(e) or (f)).
  • Direct marketing purposes, such as unsolicited promotional emails.
Does the organization always have to stop processing if someone objects?
No, the organization can continue processing if they demonstrate compelling legitimate grounds that override the individual’s rights or if the processing is necessary for legal claims.
What happens if someone objects to processing for direct marketing purposes?
The organization must immediately stop processing their personal data for direct marketing purposes, including related profiling of the data subject.
How should organizations inform individuals about their right to object?
At the first communication, organizations must clearly and separately inform individuals of their right to object. This is also described in article 13(2)(b) and article 14(2)(c).
Can a data subject object to processing for scientific or research purposes?
Yes, but only if they have a specific situation that justifies the objection, and the processing is not essential for tasks carried out for reasons of public interest .
What is the difference between objecting on grounds of legitimate interest and direct marketing?

When objecting on grounds of legitimate interest, an organization can continue processing data only if they can prove they have compelling reasons that outweigh the individual’s rights and interests.

This is different from direct marketing objections, where the organization must stop processing immediately with no exceptions.

Does the right to object apply to all types of data processing?
No, it only applies in cases of legitimate interest, public interest, direct marketing, or certain research purposes.
What should an organization do if they receive an objection?

It should stop processing unless compelling legitimate grounds exist (except for direct marketing).

Respond to the individual to confirm their objection has been handled without undue delay and in any event within one month of receipt of the request.

What should individuals do if their objection is ignored?
They can file a complaint with their national data protection authority.
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