Title: .B. LOCATION DATA

Location data other than traffic data are data that “indicate the geographical position of the user without being processed for the purpose of the conveyance of an electronic communication or the billing thereof”. (1) Such data may only be processed (a) when they are made anonymous or (b) with the consent of the users or subscribers to the extent and for the duration necessary for the provision of a value added service (article 9.1.).

When consent must be obtained, the service provider must - prior to obtaining the consent - inform the users or subscribers of (a) the type of location data other than traffic data which will be processed, (b) the purposes of the processing, (c) the duration of the processing and (d) whether the data will be transmitted to a third party for the purpose of providing the value added service. When consent has been obtained, the user or the subscriber (a) shall be given the possibility to withdraw his consent for the processing of location data other than traffic data at any time and (b) must continue to have the possibility, using a simple means and free of charge, of temporarily refusing the processing of such data for each connection to the network or for each transmission of a communication (article 9).