Amendment 411· GDPR Article 88a(3)(c)
~Alternative
Text of the amendment
As tabled
Wordingagainst the Commission’s
(c) instantly creating aggregated and anonymous measurement information about the usage of an online service to measure the audience of such a service, where such measurement it is carried out by the controller of that online service solely for its own use,; is restricted to aggregated statistical counting does not enable the identification, tracking or profiling of consumers beyond what is strictly necessary for aggregated statistics and does not involve the creation of persistent identifiers, provided that the data is not combined with data from other services from the same provider or from a third party or made accessible to third parties, subject to provisions laid down in Regulation (EU) 2022/1925 or otherwise processed for purposes such as profiling, advertising, the optimisation of services beyond audience measurement, or the training of artificial intelligence systems, and provided that data subjects are given effective means to object without affecting the usability of the service.
Struck CommissionHighlighted amendment
GDPR Article 88a with this amendment
Amendment 411 applied to the Commission proposal, no other amendment
Unchanged: (1) and (2)
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:
~AmendedUnchanged: (a) and (b)
carrying out the transmission of an electronic communication over an electronic communications network;
providing a service explicitly requested by the data subject;
instantly creating aggregated and anonymous measurement information about the usage of an online service to measure the audience of such a service, where such measurement it is carried out by the controller of that online service solely for its own use,; is restricted to aggregated statistical counting does not enable the identification, tracking or profiling of consumers beyond what is strictly necessary for aggregated statistics and does not involve the creation of persistent identifiers, provided that the data is not combined with data from other services from the same provider or from a third party or made accessible to third parties, subject to provisions laid down in Regulation (EU) 2022/1925 or otherwise processed for purposes such as profiling, advertising, the optimisation of services beyond audience measurement, or the training of artificial intelligence systems, and provided that data subjects are given effective means to object without affecting the usability of the service. (d) 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.
~Amendedmaintaining 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.
Unchanged: (4) and (5)
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:
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;
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]
Struck removed Highlighted added Full text on the GDPR Article 88a page
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 88a(3)(c).
Cite this amendment
Amendment 411 (David Cormand), European Parliament, Committee on the Internal Market and Consumer Protection, amendments 329–532 to the draft opinion on COM(2025) 837 (IMCO-AM-791061, PE791.061v01-00, 16 July 2026), pp. 51–52
Link, short form and official text
Amendment 411 (David Cormand), European Parliament, Committee on the Internal Market and Consumer Protection, amendments 329–532 to the draft opinion on COM(2025) 837 (IMCO-AM-791061, PE791.061v01-00, 16 July 2026), pp. 51–52
IMCO Amendment 411 (IMCO-AM-791061), p. 51