Article 21 GDPR : Right to Object and Statutory Marketing Safeguards

General Right to Object on Legitimate Grounds (Art. 21(1) GDPR)

The data subject has 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 public interest (Art. 6(1)(e)) or legitimate interests (Art. 6(1)(f)), 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.

Absolute Right to Object to Direct Marketing (Arts. 21(2) & 21(3) GDPR)

Where personal data are processed for direct marketing purposes, including profiling to the extent that it is related to such direct marketing, the right to object is unconditional and absolute.

Upon receipt of the objection, the controller must immediately cease all processing for marketing purposes without being permitted to invoke compelling legitimate grounds or impose fees or convoluted procedures.

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