Texts to 22 Oct 2026

Amendment 449· GDPR Article 88b(2)

Deletion

Tabled by
Piotr Müller (ECR)
Committee and document
IMCO·amendments 329–532 to the draft opinion (IMCO-AM-791061, PE791.061v01-00)·16 July 2026
Source
Official text, p. 72·printed header: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b
Targets
Article 88b(2) of the General Data Protection Regulation (GDPR)

Text of the amendment

As tabled

Wording it would delete

(2) Controllers shall respect the choices made by data subjects in accordance with paragraph 1.

Struck CommissionHighlighted amendment

GDPR Article 88b with this amendment

Amendment 449 applied to the Commission proposal, no other amendment

1.

Controllers shall ensure that their online interfaces allow data subjects to:

Deleted
(a)

Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;

Deleted
(b)

decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.

Deleted
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.

Deleted
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.

Deleted
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.

Deleted
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].

Deleted
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.

Deleted
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Deleted

Struck removed Highlighted added Full text on the GDPR Article 88b page

Target

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

No Council text amends Article 88b(2).

Cite this amendment

Amendment 449 (Piotr Müller), 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. 72

Link, short form and official text
Reference

Amendment 449 (Piotr Müller), 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. 72

Short form

IMCO Amendment 449 (IMCO-AM-791061), p. 72

Entry in the source list