Any subscriber or user of an electronic communications service must be informed in a clear and comprehensive manner, unless he has been informed in advance, by the controller or his representative of:
1. The purpose of any action to access, by electronic transmission, information already stored in his/her electronic communications terminal equipment, or to record information in such equipment;
2. The means at his/her disposal to oppose it.
Such access or registration may only take place if the subscriber or user person has expressed, after having received this information, his/her consent, which may result from appropriate parameters of his/her connection device or any other device under his control.
These provisions shall not apply if access to information stored in the user’s terminal equipment or registration of information in the user’s terminal equipment:
1. either has the exclusive purpose of allowing or facilitating communication by electronic means, or
2. is strictly necessary for the provision of an online communication service at the express request of the user.