No performance study may be carried out on a person without his or her free and informed consent, obtained in writing under the conditions laid down in paragraph 1 of Article 59 of Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017, after he or she has been given the information provided for in paragraphs 2 to 6 of Article 59 of that Regulation (EU). Where it is impossible for the data subject to express his consent in writing, it may be attested by his legal representative in accordance with paragraph 1 of Article 59 of the same Regulation.
By way of derogation from the previous paragraph, the information and consent of the person is not required for the implementation of a performance study using exclusively residual samples, provided that the procedures for information or derogation from the obligation to provide information and to obtain consent, including in the absence of opposition from the person, set out in Articles L. 1211-2 and L. 1130-5 have been duly complied with.
If the person taking part in a performance study has withdrawn his/her consent, this withdrawal has no impact on the activities carried out and on the use of the data obtained on the basis of the informed consent expressed before it was withdrawn.