Amendment 115· GDPR Article 88a(4)(b)
~Alternative
Text of the amendment
As tabled
Wordingagainst the Commission’s
(b) if the data subject gives consent, the controller shall not make a new request for consent for the same purpose for the period during which the controller can lawfully rely on the consent of the data subject. In particular, gatekeepers under Regulation (EU) 2022/1925 should not be allowed to prompt data subjects more than once a year to give consent for the same processing purpose in respect of which they did not give consent or withdrew their consent;
Struck CommissionHighlighted amendment
GDPR Article 88a with this amendment
Amendment 115 applied to the Commission proposal, no other amendment
Unchanged: (1), (2) and (3)
Storing of personal data, or gaining of access to personal data already stored, in the terminal equipment of a natural person is only allowed when that person has given his or her consent, in accordance with this Regulation.
Paragraph 1 does not preclude storing of personal data, or gaining of access to personal data already stored, in the terminal equipment of a natural person, based on Union or Member State law within the meaning of, and subject to the conditions of Article 6, to safeguard the objectives referred to in Article 23(1).
Storing of personal data, or gaining of access to personal data already stored, in the terminal equipment of a natural person without consent, and subsequent processing, shall be lawful to the extent it is necessary for any of the following:
carrying out the transmission of an electronic communication over an electronic communications network;
providing a service explicitly requested by the data subject;
creating aggregated information about the usage of an online service to measure the audience of such a service, where it is carried out by the controller of that online service solely for its own use;
maintaining or restoring the security of a service provided by the controller and requested by the data subject or the terminal equipment used for the provision of such service.
Where storing of personal data, or gaining of access to personal data already stored, in the terminal equipment of a natural person is based on consent, the following shall apply:
~AmendedUnchanged: (a)
the data subject shall be able to refuse requests for consent in an easy and intelligible manner with a single-click button or equivalent means;
if the data subject gives consent, the controller shall not make a new request for consent for the same purpose for the period during which the controller can lawfully rely on the consent of the data subject. In particular, gatekeepers under Regulation (EU) 2022/1925 should not be allowed to prompt data subjects more than once a year to give consent for the same processing purpose in respect of which they did not give consent or withdrew their consent;
~AmendedUnchanged: (c) and (5)
if the data subject declines a request for consent, the controller shall not make a new request for consent for the same purpose for a period of at least six months. This paragraph also applies to the subsequent processing of personal data based on consent.
This Article shall apply from [OP: please insert the date = 6 months following the date of entry into force of this Regulation]
Justification
This amendment is inspired on the wording of recital 37 of the DMA.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 88a(4)(b).
Cite this amendment
Amendment 115 (draft opinion by Alex Agius Saliba), European Parliament, Committee on the Internal Market and Consumer Protection, draft opinion on COM(2025) 837 (IMCO-PA-789877, PE789.877, 8 June 2026), pp. 83–84
Link, short form and official text
Amendment 115 (draft opinion by Alex Agius Saliba), European Parliament, Committee on the Internal Market and Consumer Protection, draft opinion on COM(2025) 837 (IMCO-PA-789877, PE789.877, 8 June 2026), pp. 83–84
IMCO Amendment 115 (IMCO-PA-789877), p. 83