Amendment 119· GDPR Article 88b(6a) (new)
+Addition
Text of the amendment
As tabled
Wording it would add
(6a)Any software to access online interfaces shall allow and actively inform about third party software to display and manage the choices referred to in paragraph 1 of this Article. Software allowing data subjects shall not make the exercise of choices or rights under this Article by data subjects unduly difficult, including by offering choices to the data subject in a non-neutral manner or by subverting or impairing the autonomy, decision-making or choices of the user via the structure, design, function or manner of operation of an online interface or a part thereof.
GDPR Article 88b with this amendment
Amendment 119 applied to the Commission proposal, no other amendment
Unchanged: (1), (2), (3), (4), (5) and (6)
Controllers shall ensure that their online interfaces allow data subjects to:
Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
Any software to access online interfaces shall allow and actively inform about third party software to display and manage the choices referred to in paragraph 1 of this Article. Software allowing data subjects shall not make the exercise of choices or rights under this Article by data subjects unduly difficult, including by offering choices to the data subject in a non-neutral manner or by subverting or impairing the autonomy, decision-making or choices of the user via the structure, design, function or manner of operation of an online interface or a part thereof.
+NewUnchanged: (7)
Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].
Justification
This amendment is mirroring existing EU law to avoid dark patterns that influence consumers' choices.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 88b(6a) (new).
Cite this amendment
Amendment 119 (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), p. 86
Link, short form and official text
Amendment 119 (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), p. 86
IMCO Amendment 119 (IMCO-PA-789877), p. 86