Texts to 22 Oct 2026

Amendment 1002· GDPR Article 7(2)

Addition

Tabled by
Pernando Barrena Arza (The Left)
Committee and document
ITRE–LIBE·amendments 777–1052 to the draft report (CJ72-AM-791072, PE791.072v01-00)·27 July 2026
Source
Official text, pp. 139–140·printed header: Article 3 – paragraph 1 – point 2 a (new) / Regulation (EU) 2016/679 / Article 7 – paragraph 2
Targets
Article 7(2) of the General Data Protection Regulation (GDPR)

Text of the amendment

As tabled

Amending instruction

2a. In Article 7, paragraph 2 is replaced by the following:

Paragraph 2 as it would read

(2)If the data subject’s consent is given in the context of a written declaration or a digital interface which also concerns other matters, the request for consent shall be presented in a manner which is clearly distinguishable for each purpose and from the other matters, in an intelligible and easily accessible form, using clear and plain language. Any part of such a declaration which constitutes an infringement of this Regulation shall not be binding.

GDPR Article 7 with this amendment

Amendment 1002 applied to the Commission proposal, no other amendment

Unchanged: (1)
1.

Where processing is based on consent, the controller shall be able to demonstrate that the data subject has consented to processing of his or her personal data.

2.

If the data subject’s consent is given in the context of a written declaration which also concerns other matters, the request for consent shall be presented in a manner which is clearly distinguishable from the other matters, in an intelligible and easily accessible form, using clear and plain language. Any part of such a declaration which constitutes an infringement of this Regulation shall not be binding.

Amended
(2)

If the data subject’s consent is given in the context of a written declaration or a digital interface which also concerns other matters, the request for consent shall be presented in a manner which is clearly distinguishable for each purpose and from the other matters, in an intelligible and easily accessible form, using clear and plain language. Any part of such a declaration which constitutes an infringement of this Regulation shall not be binding.

New
Unchanged: (3) and (4)
3.

The data subject shall have the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. Prior to giving consent, the data subject shall be informed thereof. It shall be as easy to withdraw as to give consent.

4.

When assessing whether consent is freely given, utmost account shall be taken of whether, inter alia, the performance of a contract, including the provision of a service, is conditional on consent to the processing of personal data that is not necessary for the performance of that contract.

Struck removed Highlighted added Full text on the GDPR Article 7 page

Justification

Amendment to make Article 7(2) more tech neutral and reflect the need for specific consent.

Target

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

Law in forceGDPR, Article 7(2)

If the data subject’s consent is given in the context of a written declaration which also concerns other matters, the request for consent shall be presented in a manner which is clearly distinguishable from the other matters, in an intelligible and easily accessible form, using clear and plain language. Any part of such a declaration which constitutes an infringement of this Regulation shall not be binding.

No Council text amends Article 7(2).

Cite this amendment

Amendment 1002 (Pernando Barrena Arza), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 777–1052 to the draft report on COM(2025) 837 (CJ72-AM-791072, PE791.072v01-00, 27 July 2026), pp. 139–140

Link, short form and official text
Reference

Amendment 1002 (Pernando Barrena Arza), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 777–1052 to the draft report on COM(2025) 837 (CJ72-AM-791072, PE791.072v01-00, 27 July 2026), pp. 139–140

Short form

ITRE–LIBE Amendment 1002 (CJ72-AM-791072), p. 139

Entry in the source list