Location data

(1) Location data processed in relation to users of public telecommunications networks or telecommunications services may be processed only to the extent and for the period necessary for the provision of value added services, where they have been anonymised or where the user has been informed by the provider of the value added service in accordance with Regulation (EU) 2016/679 and has consented. The provider of the value added service must, on each determination of the location of the mobile terminal equipment, inform the end-user, by a text message to the terminal equipment whose location data were determined, of the determination of location. This does not apply where the location is displayed only on the terminal equipment whose location data were determined. Where location data are processed for a value added service whose subject matter is the transmission of location data of mobile terminal equipment to another user or to third parties who are not the provider of the value added service, the user must give consent expressly, separately and in writing to the provider of the value added service. In this case the duty under the second sentence applies accordingly to the provider of the value added service. The holder of the connection must inform other users of their mobile connection of any consent given.
(2) Where users have given their consent to the processing of location data, they must continue to have the possibility, in a simple manner and free of charge, temporarily to prohibit the processing of this data for each connection to the network or for each transmission of a message.
(3) For connections to numbers reached under the emergency call numbers 112 or 110, or the numbers 124 124 or 116 117, the provider and persons participating under section 3(2), first sentence, nos. 1 and 2 must ensure that the transmission of location data is not excluded, either in an individual case or permanently.
(4) The processing of location data under paragraphs 1 and 2 must be limited to what is necessary for the provision of the value added service, and to persons acting on the instructions of the operator of the telecommunications network or the provider of the telecommunications service or of the third party offering the value added service.