Amendment 23· Digital Omnibus proposal Recital 45

Data subjects that have refused a request for consent are often confronted with a new request to give consent each time they visit the same controller’s online service again. This may have detrimental effects to the data subjects which may consent just in order to avoid repeating requests. The controller should therefore be obliged to respect the data subject’s choices to refuse a request for consent for at least a certain period.

Subscribers or users that have refused a request for consent are often confronted with a new request to give consent each time they visit the same provider’s online service again. This may have detrimental effects to the subscribers or users which may consent just in order to avoid repeating requests. The provider should therefore be obliged to respect the subscriber or users' choices to refuse a request for consent for at least a certain period. This obligation is applicable to any provider that accesses or stores information in the terminal equipment of a subscriber or user, including so-called third-party cookie. The provider may request consent within this period where a new request for consent is necessary, for example if the purpose of processing changes. This could be the case where a new service is offered or where substantial changes to the service are made. A new request may also be made where the cookie or other technology recording the subscriber or user’s choice is no longer valid for reasons beyond the service provider’s control, including when the user has deleted the cookies. Furthermore, the amendments to Directive 2002/58/EC should not be understood as setting out conditions relating to the online revenue streams of media services providers.