← back to the act's dossier

GDPR — Article 21

The article's text

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. 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
full text
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. 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.

Who wrote about this article in the consultations

Filers who named this exact article number in their own text. It is their sentence, not our reading — and not a causal claim.

20
business association
8
NGO
5
other
5
company
3
ACADEMIC_RESEARCH_INSTITTUTION
WhoCountryWhat they wrote
ISPA-Internet Service Provdiers AustriaATAct could lead to misunderstandings in practice, which is why clarification in this regard would be desirable. • Right to object (Article 21) • Meaningful explanation and human intervention in automated decision making (Article 22) Where possible please provid ↗
Confederation of Swedish EnterpriseSEer data subject rights, such as the right to erasure or the right to withdraw consent. Consider revising and simplify language of Art. 21 GDPR. 7 (10) Right to protection of property and trade secrets The right to meaningful explanation and human intervention ↗
FEBISDEccess to data (Article 15) • Rectification (Article 16) • Erasure (Article 17) • Data portability (Article 20) • Right to object (Article 21) • Meaningful explanation and human intervention in automated decision making (Article 22) It would be important to bet ↗
ACCISBEjection by the CRA, as this could potentially turn it into a body of appeal. 2. Disproportionate use of the right of to object in Article 21. Article 21 is most used by data subjects to object to the processing of their payment default data i.e., they have not ↗
Asociación Española de Economía Digital (Adigital)ESccess to data (Article 15) ● Rectification (Article 16) ● Erasure (Article 17) ● Data portability (Article 20) ● Right to object (Article 21) ● Meaningful explanation and human intervention in automated decision making (Article 22) Where possible, please provi ↗
DoctrineFRfait droit à la demande d’opposition. La seconde question est relative aux cas d’ouverture à effacement/opposition. L’article 21 du RGPD conditionne le droit d'opposition à la justification d’une « raison tenant à [la] situation particulière » de la personne c ↗
Selbstregulierung Informationswirtschaft e.V. (SRIW)DEin cases where a particular situation can be determined, Art. 21.1 GDPR still foresees another layer of evaluation. Such evaluation then may determine that processing may continue. In addition, in the specific case of Art. 21.6 GDPR, it would be appreciated if ↗
Federation of the European Sporting Goods Industry (FESI)BE4) -Access to data (Article 15) -Rectification (Article 16) Erasure (Article 17) -Data portability (Article 20) -Right to object (Article 21) -Meaningful explanation and human intervention in automated decision making (Article ↗
EDRi European Digital RightsESlacks support from data controllers, as they neither adequately explain the right nor facilitate its exercise. • Right to object (Article 21) N/A • Meaningful explanation and human intervention in automated decision making (Article 22) Regrettably, data contro ↗
BDI e.V. (Federation of German Industries)DEthers. Guidance on methodology, agreed formats, remain lacking across most sectors (insurance, banking, etc.). ▪ Right to object (Article 21) Relatively rarely exercised. However, out of the cases when it is exercised, it is most often to object for processing ↗
Bitkom e.V.DE) -Access to data (Article 15) -Rectification (Article 16) -Erasure (Article 17) -Data portability (Article 20) -Right to object (Article 21) -Meaningful explanation and human intervention in automated decision making (Article 22) Where possible please provide ↗
German Insurance AssociationDEity (Article 20) There is an extremely limited use of the right of data portability in the insurance industry. • Right to object (Article 21) There is a limited use of the right of object according to Art. 21 (1) GDPR in insurance companies. The right of Objec ↗
Spolek pro ohranu osobních údajůCZntial for misuse, not least due to inadequate regulation in the legislation (as an example, out-of-court dispute settlement under Article 21 of the DSA). Experience with Data Protection Authorities As far as the Czech supervisory authority is concerned, we hav ↗
Council of the Notariats of the EUBEre-litigation proceedings. • Rectification (Article 16) • Erasure (Article 17) • Data portability (Article 20) • Right to object (Article 21) • Meaningful explanation and human intervention in automated decision making (Article 22) Where possible please provid ↗
ESOMARNLy based on legitimate interest which gives the specific right of the recipients concerned to object to such data processing under Article 21 (2) GDPR, address data trading enables companies to reach out to new potential customers. However, as some DPAs in Germ ↗
ACT | The App AssociationBEccess to data (Article 15) • Rectification (Article 16) • Erasure (Article 17) • Data portability (Article 20) • Right to object (Article 21) • Meaningful explanation and human intervention in automated decision-making (Article 22) b. Do you avail of / are you ↗
EuroISPA (European Internet Services Providers Association)BEccess to data (Article 15) • Rectification (Article 16) • Erasure (Article 17) • Data portability (Article 20) • Right to object (Article 21) • Meaningful explanation and human intervention in automated decision making (Article 22) Where possible please provid ↗
French Association of Large Companies (AFEP)FRconditions under which the data collected in this way is re-used and stored by the authors of these requests. • Right to object (Article 21) NA • Meaningful explanation and human intervention in automated decision making (Article 22) NA b. Do you avail of/are ↗
ANITEC-ASSINFORMITccess to data (Article 15) • Rectification (Article 16) • Erasure (Article 17) • Data portability (Article 20) • Right to object (Article 21) • Meaningful explanation and human intervention in automated decision making (Article 22) Where possible please ↗
BundesrechtsanwaltskammerDErticle 15)  Rectification (Article 16)  Erasure (Article 17) Position page 4  Data portability (Article 20)  Right to object (Article 21)  Meaningful explanation and human intervention in automated decision making (Article 22) Where possible please provid ↗
United InternetDEor inappropriate requests. • Rectification (Article 16) • Erasure (Article 17) • Data portability (Article 20) • Right to object (Article 21) • Meaningful explanation and human intervention in automated decision making (Article 22) Where possible please provid ↗
ZKI e.V.DE0681 20 SWIFT BIC: BYLADEM1001 Dr. Karl Molter 5/9 Letzteres gilt entsprechend für eine Musterwiderspruchsbelehrung im Sinne von Art. 21 Abs. 4 DSGVO.  Mit klaren gesetzlichen Vorgaben zur Fristberechnung könnten Verantwortliche wesentlich entlastet werden, ↗
Telefonica, S.A.ESccess to data (Article 15) • Rectification (Article 16) • Erasure (Article 17) • Data portability (Article 20) • Right to object (Article 21) • Meaningful explanation and human intervention in automated decision making (Article 22) Where possible please provid ↗
Homo DigitalisELccess to data (Article 15) • Rectification (Article 16) • Erasure (Article 17) • Data portability (Article 20) • Right to object (Article 21) • Meaningful explanation and human intervention in automated decision making (Article 22) Where possible please provid ↗
Federation of Austrian IndustriesATtic shortcoming in nature. These kinds of infringements shall than only be subject to fines with a low amount. • Right to object (Article 21) “Reasons arising from your particular situation”, seems too unclear. Also Art. 2I - in a certain interpretation - seem ↗
AUSTRIAN FEDERAL ECONOMIC CHAMBERATact that there are retention periods that prevent deletion is often not known. • Data portability (Article 20) • Right to object (Article 21) • Meaningful explanation and human intervention in automated decision making (Article 22) Where possible please provid ↗
Finnish EnergyFIctification or erasure of personal data, or the restriction of processing, should be applied. Regarding the right to object under Article 21, concrete examples of what constitutes a 'reason relating to their particular situation' have been requested. This defi ↗
Insurance IrelandIEnd Commission documents OJ L 145, 31.5.2001, p. 43– 48. • Erasure (Article 17) • Data portability (Article 20) • Right to object (Article 21) • Meaningful explanation and human intervention in automated decision making (Article 22) Where possible please provid ↗
Anonos Inc.USalways have the right under Article 21(3) to not receive direct marketing outreach as a result of such processing. b. Lawful Repurposing, Sharing and Combining [Article 6.4(e)] Pseudonymization is explicitly highlighted in GDPR Article 6(4)(e) as an “appropria ↗
ITI - Information Technology Industry CouncilUSon identification and protection of confidential information are included in Article 21 of the proposed Regulation. It is crucial that parties in proceedings are able to identify the documents which should be treated as confidential, and that the recipients of ↗

Source: public consultation submissions and position papers. n = 45 mentions; counted as a literal reference to the article number.

Ask about this article →