Texts to 22 Oct 2026

Amendment 24· Digital Omnibus proposal Recital 46

Alternative

Rapporteur
Alex Agius Saliba
Committee and document
IMCO·draft opinion (IMCO-PA-789877, PE789.877)·8 June 2026
Source
Official text, pp. 25–27·printed header: Recital 46
Targets
Recital 46 of the Digital Omnibus proposal

Text of the amendment

As tabled

Wordingagainst the Commission’s

(46) Data subjects should have the possibility to rely on automated and machine-readable indications of their choice to consent or refuse a consent request or object to the processing of datachoices. Such means should follow the state of the art. They can be implemented in the settings of online interfaces such as of a web browser, ora inmobile theoperating EUsystem, Digitala Identitymobile Wallet as set out by Regulation (EU) 914/2014application, or any other adequate means. Rules set out in this Regulation should support the emergence of interoperable, market-driven solutions with appropriate interfaces able to guarantee respect of data subject’s choices. The controller should be obliged to respect automated and machine-readable indications of data subject’s choices once there are available standards. In light of the importance of independent journalism in a democratic society and in order not to undermine the economic basis for that, media service providers should not be obliged to respect the machine-readable indications of data subject’s choices. The obligation for providers of webonline browsersinterfaces to provide the technical means for data subjects to make choices with respect to the processing should not undermine the possibility for media service providers to request consent by data subjects. Providers of software to access online interfaces should provide automated signals without creating new profiling or tracking layers. Any software to access online interfaces should not make the exercise of choices or rights by the user unduly difficult, including by offering choices to the user in a non-neutral manner, or by coercing, deceiving or manipulating the data subject, or by subverting or impairing the autonomy, decision-making or choices of the data subject, including by means of an online interface or a part thereof. For example software allowing data subjects to manage their options should not highlight or preselect any option nor incite data subjects by other means.

Struck CommissionHighlighted amendment

Justification

IMCO has worked extensively on dark patterns influencing consumer choices and behavior. Amendment inspired on recital 38 of the current Data Act, Regulation (EU) 2023/2854 and is important to tackle consent fatigue.

Target

Wording of the targeted provisionlaw in force, Commission proposal, latest Council text

Commission proposalCOM(2025) 837

Data subjects should have the possibility to rely on automated and machine-readable indications of their choice to consent or refuse a consent request or object to the processing of data. Such means should follow the state of the art. They can be implemented in the settings of a web browser or in the EU Digital Identity Wallet as set out by Regulation (EU) 914/2014, or any other adequate means. Rules set out in this Regulation should support the emergence of market-driven solutions with appropriate interfaces. The controller should be obliged to respect automated and machine-readable indications of data subject’s choices once there are available standards. In light of the importance of independent journalism in a democratic society and in order not to undermine the economic basis for that, media service providers should not be obliged to respect the machine-readable indications of data subject’s choices. The obligation for providers of web browsers to provide the technical means for data subjects to make choices with respect to the processing should not undermine the possibility for media service providers to request consent by data subjects.

The Council text of 22 October 2026 drops the Commission’s wording.

Cite this amendment

Amendment 24 (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. 25–27

Link, short form and official text
Reference

Amendment 24 (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. 25–27

Short form

IMCO Amendment 24 (IMCO-PA-789877), p. 25