Amendment 447· GDPR Article 88b
+Addition
Text of the amendment
As tabled
Wording it would add
(ba)withdraw consent through automated and machine-readable means previously given, in accordance with Article 7(3) of this Regulation. Where an active refusal signal is present, storing of, or gaining access to, personal data in terminal equipment shall not take place. A consumer’s withdrawal of consent through automated and machine-readable signals, as provided for under this article, shall have the legal automatic consequence of prohibiting the storing of information, or the gaining of access to information already stored, in the terminal equipment of that user related to that processing activity pursuant to Article 88a of this Regulation and in compliance with Article 5 of Directive 2002/58/EC.
GDPR Article 88b with this amendment
Amendment 447 applied to the Commission proposal, no other amendment
Controllers shall ensure that their online interfaces allow data subjects to:
~AmendedUnchanged: (a) and (b)
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.
withdraw consent through automated and machine-readable means previously given, in accordance with Article 7(3) of this Regulation. Where an active refusal signal is present, storing of, or gaining access to, personal data in terminal equipment shall not take place. A consumer’s withdrawal of consent through automated and machine-readable signals, as provided for under this article, shall have the legal automatic consequence of prohibiting the storing of information, or the gaining of access to information already stored, in the terminal equipment of that user related to that processing activity pursuant to Article 88a of this Regulation and in compliance with Article 5 of Directive 2002/58/EC.
+NewUnchanged: (2), (3), (4), (5), (6) and (7)
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].
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 447 (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. 71
Link, short form and official text
Amendment 447 (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. 71
IMCO Amendment 447 (IMCO-AM-791061), p. 71