Tell them in the first message.

GDPR Article 21(4): the right to object must be explicitly brought to the person's attention by the first communication, clearly and separately.

European Union GDPR GDPR Article 21(4)

The rule.

Regulation (EU) 2016/679 (General Data Protection Regulation) · GDPR Article 21(4)

“At the latest at the time of the first communication with the data subject”

Verbatim extract, read on 4 November 2026 from the source below. Everything else on this page is NorthPoint’s plain-English reading.

What it requires.

  • The right to object is explicitly brought to the person's attention, at the latest at the time of the first communication.
  • It is presented clearly and separately from any other information.

Who it applies to.

Controllers whose processing is subject to the right to object — including all direct marketing.

Common violations in marketing copy.

Violation pattern · only in the policy

Right to object mentioned on page 9 of the privacy policy

Not brought to attention, and not separate from other information.

Violation pattern · grey footer

Tiny unsubscribe text merged into the legal footer

Not presented clearly and separately.

Non-compliant vs compliant.

Non-compliant · example written by NorthPoint

“Welcome aboard! (no mention of the right to object or how to stop)”

Compliant · example written by NorthPoint

“Welcome aboard. You can object to our marketing at any time — one click here stops it: [link].”

Related rules.

Source.

InstrumentRegulation (EU) 2016/679 (General Data Protection Regulation)
ProvisionGDPR Article 21(4)
Primary sourcehttps://www.legislation.gov.uk/eur/2016/679/article/21/adopted
Official texthttps://eur-lex.europa.eu/eli/reg/2016/679/oj/eng
Read fromlegislation.gov.uk's as-adopted copy of the Official Journal text (/eur/2016/679/article/N/adopted)
Checked

This page is general, sourced information for marketing teams, not legal advice. The examples are written by NorthPoint to illustrate the rule; for a binding view on your own promotion, retain qualified counsel in the jurisdiction concerned.

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