Amendment 444· GDPR Article 88b
+Addition
Text of the amendment
As tabled
Wording it would add
(-a) receive all information enabling the consumer to make an informed choice to consent or object to the processing and exercise his or her rights under the regulation
GDPR Article 88b with this amendment
Amendment 444 applied to the Commission proposal, no other amendment
Controllers shall ensure that their online interfaces allow data subjects to:
~Amended(-a) receive all information enabling the consumer to make an informed choice to consent or object to the processing and exercise his or her rights under the regulation
+NewUnchanged: (a), (b), (2), (3), (4), (5), (6) and (7)
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.
Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].
Justification
This addition is to allow the consumer to get the necessary information ahead of making a decision and ensures coherence across the signal chain. This ensures that a simple comparison is possible and to quickly understand the relevant parts of the request.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Commission proposalCOM(2025) 837
Article 88b Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons (1) Controllers shall ensure that their online interfaces allow data subjects to: (a) Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled; (b) decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means. (2) Controllers shall respect the choices made by data subjects in accordance with paragraph 1. (3) Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service. (4) 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. (5) Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation]. (6) 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. (7) Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].
The Council text of 22 October 2026 drops the Commission’s wording.
Cite this amendment
Amendment 444 (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), p. 69
Link, short form and official text
Amendment 444 (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), p. 69
IMCO Amendment 444 (IMCO-AM-791061), p. 69