Article 11.5

• 1

  The processing of location data, other than traffic data, concerning subscribers or users of public electronic communications networks or publicly available electronic communications services is only permissible if:

  • a.

    this data is anonymized, or

  • b.

    the relevant subscriber or user has consented to the processing of such data for the purpose of providing a value-added service.

• 2

  Prior to obtaining the consent referred to in paragraph (1)(b), the value-added service provider shall provide the subscriber or user with the following information:

  • a.

    The type of location data that will be processed;

  • b.

    The purposes for which location data are processed;

  • c.

    the duration of the processing, and

  • d.

    Whether the data will be provided to a third party for the purpose of providing the value-added service.

• 3

  The processing of data for the purpose of providing a value-added service as referred to in paragraph 1 (b) shall be permitted only to the extent and for as long as it is necessary for the provision of the service in question. Notwithstanding the first sentence, the provider of the value-added service may process those data necessary for the preparation of an invoice. Article 11.5, second paragraph, last sentence, shall apply mutatis mutandis.

• 4

  A subscriber or user may withdraw the consent granted for the processing of data concerning him at any time.

• 5

  The provider of a value-added service shall offer the subscriber or user whose data are being processed the possibility, free of charge and in a simple manner, to temporarily prevent the processing of his data for any transmission of communication or any connection to the public electronic communications network used for the provision of the service in question.

• 6

  The processing of the data may only be carried out by persons working under the authority of the provider or the third party referred to in subsection (2)(d) and shall be limited to those data necessary to provide the value-added service.